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36th Congress, ) HOUSE OF REPRESENTATIVES. ( Mis. Doc 
ls< Session. $ j No. 11. 


KENTUCKY CONTESTED ELECTION CASE. 


RESPONSE 


OF THE 


HON. W. 


C. ANDERSON vs. J. s. CHRIS MAN. 

* 'i 


February 15, I860.—Referred to the Committee on Elections, and ordered to be printed. 


James S. Chrisman: 

Sir: I have received a paper purporting to be a notice contesting 
my right to a seat in the 3Cth Congress of the United States from the 
fourth district of Kentucky. You are notified that I shall object to 
the said notice, and ask for its quashal upon the following grounds: 

First . It does not give the residence of the voter who is challenged. 

Second. It does not give the county or precinct in which the vote 
was cast. 

Third. It does not state particularly the grounds upon which you 
rest the contest, as required by the act of Congress. 

In response to paragraph No. 1, in your pretended notice, I deny 
that the majority of the votes polled at the August election, 1859 r 
were given for you. 

I deny that, by a mistake made by the county board of Cumberland 
county, you received a smaller number of votes than were really cast 
for you, and I a larger number than were cast for me. I state the 
facts to be as follows: The poll-books of Cumberland county were 
certified, (although some of them illegally, of which I shall speak 
hereafter,) sealed, and delivered as required by the law entitled 
‘ 4 Elections , ’ ’ Revised Statutes of the State of Kentucky , pages 283 to 303. 
inclusive. The said poll-books were opened at the time required by 
law, and by the proper officers, and certificates df.the votes cast were 
duly transmitted to the State board at Frankfort, and upon a compari¬ 
son of the vote sent to the State board, upon all the returns sent in, 
according to law, at the proper time, awarded me the certificate of 
election. Before the said certificate was granted the result was pub- 









2 KENTUCKY CONTESTED ELECTION. f\^ r 

lished in the public newspapers, by which I received a majority of three 
votes, and so soon as said publications were made, it was pretended 
that a mistake of ten votes had been made against you at the Kettle 
Creek precinct, in Cumberland county. It is true that an amended 
certificate, signed by only two of the examiners of Cumberland county, 
was sent to the State board at Frankfort, and they refused to receive 
the same, upon the ground that the county board had no right to re¬ 
assemble after the time fixed by law, and amend a certificate once 
transmitted and made out at the proper time; they were, to all intents 
and purposes, f unctus officio. Before, however, the amended return 
was sent from Cumberland county, a mistake, to my prejudice, of 
four votes, was discovered on the poll-books of Boyle county, and an 
amended return, stating this fact, transmitted by the county board of 
Boyle to the State board at Frankfort; and when this fact was made 
public in the district that such an amendment had been sent, nearly 
every democrat in the community, and yourself included, stated that 
it would be a gross outrage for the State board to receive additional 
returns after the official vote had once been sent in. It was then 
supposed that the vote between us was a tie; and by the laws of Ken¬ 
tucky in such cases, the casting of lots was required, and your chances 
for an election would have been equal with my own. When you and 
your friends, however, heard of this pretended mistake in Cumber¬ 
land, you shifted positions, and contended that the board ought to 
receive amended returns. ‘ ‘ The case being altered, altered the case . 7 7 
I contended that the State board at Frankfort acted lawfully and prop¬ 
erly, and I refer you to their published statement, signed by the gov¬ 
ernor, secretary of state, and attorney general of Kentucky. 

I do not know, and do not admit, that the mistake that you com¬ 
plain of occurred. It may be true, according to the books as they 
now stand, that such a mistake was made, but it is exceedingly strange 
that the mistake was not discovered for nearly two weeks after the 
comparison of the polls, and that comparison, too, made in the pres¬ 
ence of a number of your friends, who aided in the addition of the 
books, and also after it was ascertained from the returns sent in that 
I was elected by a majority of three votes. If, however, the mistake 
really did occur, I notify you that mistakes of a similar character, and 
others of a different character, were made against me, of which I will 
speak more particularly hereafter. I deny the charges made in para¬ 
graph No. 1 of your pretended notice. 

I deny the charges in paragraphs 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 
12 of your said notice. 

I deny that the persons you have named as voting for me were il¬ 
legal voters, as I will make fully to appear by the proof in proper 
time. 

I shall, upon the trial of the contest, challenge and insist upon strik¬ 
ing off the votes of the following named persons, recorded on the poll- 
books at various precincts in the district, and for the reasons set forth 
next to the name of each: 

1. Henry M. Antle or Antell—who voted in White Oak district, in 
Adair county; because he lived in the county of Russell. 

'®sf fraaef&sr"* 

JUL 18 1920 


KENTUCKY CONTESTED ELECTION. 


3 


2. R. M. Barnard—who voted at White Oak district, in Adair 
county; because he had not been in the county, State, or precinct for 
the time required by law. 

3. George Simpson—who voted at White Oak district, in Adair 
county; for the same reasons as above. 

4. Ben. F. Allen—who voted at the Neatsville district, in Adair 
county; because he was a resident of and lived in the White Oak 
precinct. 

5. Milton Polly—who voted at White Oak precinct, in Adair 
county; because he lived in the Harmony precinct. 

6. Elijah Leach—who voted at White Oak precinct, in Adair 
county; because he was not a resident of said precinct for the term 
required by law. 

7. James B. Royse—who voted at the Columbia precinct, in Adair 
county; because he lived at the time at Haysville, in Marion county. 

8. William P. Royse—who voted at the Columbia precinct, in 
Adair county; for the same reason as above. 

9. James Rayner—who voted at the Gradyville precinct, in Adair 
county; because he was not a resident of said precinct. 

10. Wm. Woodard—who voted at the Gradyville district, in Adair 
county; because he was not a resident of the county or precinct in 
which he voted for the time required by law. 

11. George Green—who voted at the Harmony district, in Adair 
county; because he was under twenty-one years of age. 

12. James Jones—who voted at Neatsville district, in Adair county; 
for the same reason as above. 

13. Jonathan McElroy—who voted at Harmony district, in Adair 
county; because he was not a resident of the county or precinct in 
which he voted for the time required. 

14. George D. Redman—who voted at the White Oak district, in 
Adair county; because he was not twenty-one years of age. 

15. William alias Peter Walkup—who voted at the White Oak 
district, in Adair county; because he was not a resident of said 
district for the time required by law, and in fact was a resident of 
the Harmony district. 

16. I. N. Vaughn—who voted at the same place as above, and for 
the same reason as above. 

17. Samuel Vier—who voted at Columbia district, in Adair county; 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

18. William Vier—who voted at the same place as above, and 
because of the same reasons as above. 

19. Joshua Prewitt—who voted at the White Oak district in 
Adair county; because he was a resident of Neatsville district, and 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

20. Irvine Keaton—who voted at the Harmony district, in Adair 
county; because he was not a resident of the county or district in 
which he voted for the time required by law; in fact, he was a resi¬ 
dent of the county of Cumberland. 


4 


KENTUCKY CONTESTED ELECTION. 


21. Nathaniel Wade—who voted at Gradyville precinct, in Adair 
county; because he was not twenty-one years of age. 

22. William J. Cooley—who voted at the Neatsville district, in 
Adair county; because he was not a resident of said district for the 
time required by law. 

23. William Bryant—who voted at same place as above, and 
because of same reason as above. 

24. Morgan Simpson, alias R. W. Simpson—who voted at Neats¬ 
ville, in Adair county; because he was not twenty-one years of age. 

1. Nicholas Walter or Walters—who voted at district No. 3, in 
Boyle county; because he was not a resident of the county or pre¬ 
cinct in which he voted for the time required by law. 

2. A. G. Talbott, jr.—who voted at precinct No. 4, Boyle county; 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

3. Charles Yoss—who voted at district No. 4, Boyle county ; 
because of the same reasons as last above named. 

4. William Crow—who voted at district No. 3, Boyle county; for 
the same reason as last above named. 

5. C. P. Springer—who voted at district No. 3, in Boyle county; 
because he was not a resident of the county or precinct in which he 
voted, and for the time required by law. 

6. A. Fulkerson, jr.—who voted at district No. 2, in Boyle county; 
because of the same reason as last above named. 

7. James Owens—who voted at district No. 3, in Boyle county; 
because of the same reason as last above named. 

8. Garrett Lane—who voted at district No. 3, in Boyle county; 
because of the same reason as last above named. 

9. Henry White—who voted at district No. 3, in Boyle county; 
because of the same reason as last above named. 

10. Abel Reeves—who voted at precinct No. 3, in Boyle county; 
because of the same reason as last above named. 

11. Samuel Goode—who voted in district No. 1, of Boyle county; 
because of the same reason as last above named. 

12. James Brennan—who voted in district No. 1, of Boyle county; 
because he is a foreigner, and not a citizen of the United States. 

13. John Haggin—who voted at district No. 2, of Boyle county; 
because of the same reasons as the last above named. 

14. William Staley—who voted at same place ; because of same 
reason as last above named. 

15. Michael Maho—who voted at same place, and because of same 
reasons as last above named. 

16. Patrick Conley—who voted at same place, and because of 
same reason as last above named. 

17. Frank O’Neal—who voted at district No. 4, of Boyle county, 
and because of same reason as last above named. 

18. James Fitzsimmons—who voted at same place; because of 
same reason as last above named. 

19. Hearn Gee—who voted in district No. 1, in Boyle county; 
because he is an idiot. 


KENTUCKY CONTESTED ELECTION. 


5 


1. James F. Alstott, alias Fletcher Alstott—who voted at Rolling 
Fork precinct, in Casey county ; because he was not twenty-one 
years of age. 

2. Michael McCarty—who voted at same place as last above named; 
because he was a foreigner, and not a citizen of the United States. 

3. Isaac Roaten—who voted at Liberty precinct, in Casey county; 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

4. James Wilson—who voted at Liberty precinct, in Casey county; 
because of the same reasons as last above named. 

5. J. E. King—who voted at the Jenkins district, in Casey county; 
because he was not 21 years of age. 

G. John Henry Bryant—who voted at the Rolling Fork precinct, in 
Casey county; because he w r as indicted, convicted, and sentenced to 
the penitentiary from said county for felony, and served his time out 
in the penitentiary, and was thereby legally disfranchised. 

7. Martin B. Blevins—who voted at the Tate district, in Casey 
county; because he was not a resident of said district for the time 
required by law; he was, in fact, a resident of the Jenkins district. 

8. Commodore Minor—who voted at the Roiling Fork precinct, in 
Casey county; because he had, before the election, removed to Marion 
county, and was not a resident of the county in which he voted. 

1. Thomas Stockton—who voted in district No. 4, Clinton county; 
because he was not a resident in the State, county, or precinct in 
which he voted for the time required by law. 

2. James Johnson, jr.—who voted in district No. 1, Clinton county; 
because he resided in district No. 4 of said county. 

3. John Lemans—who voted in district No. 3, Clinton county; 
because he was under 21 years of age. 

4. John Hughes—who voted at district No. 2, Clinton county: 
because of the same reason as last above named. 

5. Elijah Brown—who voted in district No. 5, same county, and 
for the same reason as last above named. 

G. John Guthrie—who voted in district No. 1, Clinton county; 
because he lived at the time in district No. 3 of said county. 

7. S. J. Vance—who voted in district No. 5, Clinton county; 
because he lived at the time in district No. 4 of said county. 

8. Joshua Bird well—who voted in district No. 2, Clinton county; 
because he lived in district No. 1 of said county. 

9. George Wilkersou—who voted in district No. 2, Clinton county; 
because he was a foreigner, and not a citizen of the United States. 

10. John Travis—who voted at same place as last above named, 
and because of same reasons. 

11. David Gwinn—who voted at the Albany district, Clinton 
county; because he lived at the time in the Hays district of said 
county. 

12. James Hare—who voted in district No. 3, Clinton county; 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 


6 


KENTUCKY CONTESTED ELECTION. 


13. Calvin Givens—who voted at the Albany district, Clinton 
county; because he is non compos mentis , or, in other words, an idiot. 

14. Frederick Greir—who voted at the Piney Woods district, 
Clinton county; because he is a foreigner, and not a citizen of the 
United States. 

1. Samuel Sparks—who voted at Burksville precinct, Cumberland 
county; because he was not a resident of the State, county, or pre¬ 
cinct in which he voted for the time required by law. 

2. James H. Bird—who voted at same place, and for same reasons 
as last above named. 

3. Henry Smith—who voted at same place, and for same reasons 
as last above named. 

4. John Niel—who voted at same place, and for same reasons as 
last above named. 

5. Ben. Farmer—who voted at same place, and for same reasons 
as last above named. 

6. G. J. Furkin—who voted at same place, and for same reasons 
as last above named, and because he lived at the time in the Elliott 
district of said county. 

7. John Wright—who voted at same place, and because he was 
not a resident of the State, county, or precinct in which he voted for 
the time required by law. 

8. J. W. Poulsen—who voted at Kettle Creek precinct, Cumber¬ 
land county; because of the same reasons as last above named. 

9. Jacob Dulworth—who voted at same place, and for same reasons 
as last above named. 

10. A. J. Wilkerson—who voted at Whetstone district, Cumber¬ 
land county; because he resided at the time in Adair county. 

11. John Cooksey—who voted at same place; because he resided 
at the time in Clinton county. 

12. John Johnson—who voted at the Kettle Creek precinct, Cum¬ 
berland county; because he was not 21 years of age. 

13. Henry Givens—who voted at the Whetstone precinct, Cum¬ 
berland county; because he had not been a resident of the State, 
county, or precinct in which he voted for the time required by law. 

14. James Smith—who voted at the Kettle Creek precinct, Cum¬ 
berland county; because he had not been in the State or county the 
time required by law, and because he was at the time a resident of 
Tennessee. 

15. Alfred Scott—who voted at same place, and for same reasons 
as last above named. 

16. John Powell—who voted at the Elliott district, same county; 
because he was not a resident of the State, county, or district in 
which he voted for the time required by law. 

17. Humphrey Krider or Crider—who voted at the Elliott district, 
Cumberland county; because he was not 21 years of age. 

1. Sam. Powell—who voted at Standford, Lincoln county; because 
he was not a resident of the State, county, or precinct in which he 
voted for the time required by law. 

2. John Severance, jr.—who voted at Crab Orchard precinct, 


KENTUCKY CONTESTED ELECTION. 


< 

Lincoln county; because be was not at the time a resident of the 
county or precinct in which he voted. 

3. Stephen Blankenship—who voted at same place as last above 
named; because he was at the time a resident of the Walnut Flat 
district. 

4. J. T. Waterhouse—who voted at same place as last above 
named; because he had not been a resident of the State, county, or 
precinct in which he voted for the time required by law. 

5. G. Payne—who voted at Crab Orchard precinct, Lincoln county; 
because of the same reasons as last above named. 

6. Wesley Davis—who voted at same place, and because of same 
reasons as last above named. 

7. Stout Higgins—who voted at the Walnut Flat precinct, in Lin¬ 
coln county; because he had lost his citizenship in said district, and 
because he had not been in the State, county, or district in which he 
voted for the time required by law. 

8. William Sylar—who voted at Waynesburg, in Lincoln county ; 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

9. James Stout—who voted at same place, and because of same rea¬ 
sons as last above named. 

10. Zach. Cook—who voted at same place, and because of same 
reasons as last above named. 

11. Levi Cotton—who voted at Turnersville precinct, in Lincoln 
county; because he was not a resident of said precinct, and because 
at the time he actually lived in Casey county. 

12. Cornelius Campbell—who voted at Hustonsville, in Lincoln 
county; because he was a foreigner, and not a citizen of the United 
States, and not a resident of the State, county, or precinct in which 
he voted for the time required by law. 

13. John Sherron or Sherrondon—who voted at same precinct as 
last above named; because he was not 21 years of age. 

14. Charles McWilliams—who voted atsame precinct as last above 
named; because he was not a resident of the county or precinct in 
which he voted for the time required by law, and because he was at 
the time a resident of Fayette county, Kentucky. 

15. Adam Petree—who voted at Crab Orchard, in Lincoln county; 
because he was not 21 years of age. 

16. Jesse Haythe—who voted at Waynesburg, in Lincoln county; 
because he had, before the election, removed to Rockcastle county, 
and was not a resident of the precinct in which he voted. 

1. S. E. Reed—who voted at Creelsboro’district, in Russell county; 
because he had not been in the State, county, or precinct the time 
required by law. 

2. James M. Luster—who voted at same place; because of same 
reasons as last above named. 

3. Silas alias Cyrus Collins—who voted at same place, and because 
of same reasons as last above named. 

4. Albert McDowell—who voted at precinct No. I, in Russell county; 


8 


KENTUCKY CONTESTED ELECTION. 


because lie was at the time a resident of precinct No. 2, in said 
county. 

5. William Sharp—who voted in Jamestown precinct, in Russell 
county; because he was not at the time a resident of said precinct. 

6. Elijah Low—who voted at Wolf Creek precinct, in Russell county 
because he had not been a resident of the State, county, or pre¬ 
cinct for the time required by law. 

7. Lindsay Brummett—who voted at Lairsville precinct, in Russell 
county; because he lived at the time in Clinton county. 

8. James P. Miller—who voted at Creelsboro’, in Russell county;, 
because at the time he was a resident of Adair county. The acts of 
the general assembly of the State of Kentucky for 1825 make the 
house in which said Miller resides in Adair county. (See pages 40 
and 41.) 

9. Allen Bybee—who voted at Creelsboro ; , in Russell county; be¬ 
cause he was at the time a resident of Clinton county. 

1. William Redding—who voted at Saloma precinct, in Taylor 
county; because he had not been a resident of the State, county, or 
precinct the time required by law, and because he refused to be 
sworn. 

2. William Sullivan, jr.—who voted at same place, and for the first- 
reason last above named. 

3. James H. Ratliffe—who voted at the Little Pinchem district, in 
Taylor county; because of the same reason last above named. 

4. Frank Rhodes—who voted at Mannsville district, in Taylor 
county: because he was not 21 years of age. 

5. Marion Peterson—who voted at Campbellsville precinct, in Tay¬ 
lor county; because he had not been a resident of the State, county, 
or precinct for the time required by law. 

6. Milton Simpson—who voted at Little Pinchem precinct, in Tay¬ 
lor county; because of the same reasons as last above named. 

7. Henry Shaffner—who voted at same place last above named; 
because he was not 21 years of age. 

I deny that William Davis, and Jackson D. Richardson, and Wm. 
R. Cumbass, voted for you, and were so cried by the sheriff, and that 
the clerk omitted to record them for you ; but I state that the same 
were properly recorded. 

I deny that the judges and clerks of the election at the district in 
which Wiley Turner^voted erased his name and vote without just 
reason. 

I deny that the judges, without good reason, refused to receive the 
vote of Anderson Hare. 

I deny that upon the poll-books the names of Nat. Harmon, Geo. 
W. Brane, and Samuel Leffien are recorded for me; but they voted 
and are recorded for you. The vote of Nelson Pendegraft is recorded 
for me, and I state that he so voted, and that his vote was so recorded 
by the clerk at the time. 

I deny that George Jones voted for you. I state that he voted for 
me at the polls, and was so recorded. 

I deny that the poll-book of the Ireland precinct, in Taylor county, 


KENTUCKY CONTESTED ELECTION. 9 

is improperly certified; and also deny that the officers of said precinct 
were not sworn according to law. 

I also deny that the poll-book of district No. 7, in Wayne county, 
was improperly and illegally certified. 

You are hereby notified that I shall object to, and insist upon re¬ 
jecting, the poll-book, and the votes therein recorded, of the Casey 
Creek precinct, in Casey county, because there is no certificate what¬ 
ever upon said book. Atsaid precinct the vote stood, Anderson, 49; 
Chrisman, 95. 

I shall also object to, and insist upon rejecting, the poll-book, and 
the votes thereon recorded, of the Harmony district, in Adair county, 
because the same is not certified as required by law. At said precinct 
the vote stood, Anderson, 37; Chrisman, 230. 

I shall also object to, and insist upon rejecting, the poll-book, and 
the votes thereon recorded, of the Mannsville district, in Taylor 
county, because the same was not certified as required by law. 

I shall also object to, and insist upon rejecting, the poll-book, and 
the votes thereon recorded, of Whetstone precinct, in Cumberland 
county, because the same was not certified as required by law. 

I shall also object to, and insist upon rejecting, the poll-books of 
all the precincts in Wayne county, because they were never sealed 
up and delivered to the clerk as required by law; and if so delivered, 
were broken open before the time fixed by law.* And also, because 
the said poll-books were in your possession, and inspected by you and 
your political friends, before the day fixed for the comparison of the 
polls. 

I shall object to, and insist upon rejecting, all the poll-books of 
Taylor county, because the same were not sealed and delivered accord¬ 
ing to law; and if so sealed and delivered, the seals were broken and 
the books opened before the day fixed by law for the comparison. 

I shall also object to, and insist upon rejecting, all the poll-books of 
Green county, because the same were not certified, sealed, and 
delivered according to law; and if so certified, sealed, and delivered, 
the seals were broken open on Tuesday night after the election, (by 
your democratic friends,) and before the comparison. 

I shall insist upon counting in my favor the following votes, which 
were cast for me, and omitted to be recorded by the clerk : 

Richard Pendegraft—who voted at district No. 1, Boyle county. 

Henson Pendegraft—who voted at the same place. 

David Wells—who voted at Burksville precinct, Cumberland county. 

Bethel Compton alias B. Compton—who voted at Gradyville pre¬ 
cinct, in Adair county. 

A. J. York—who voted at district No. 3, in Clinton county. His 
name is recorded for Wm. A. Hoskins, a candidate for the State 
senate, instead of for Anderson for Congress—his name being recorded 
for Hoskins and Boles, who were both candidates for the senate. 

I shall insist upon striking from your poll, and adding to my own, 
the vote of 

J. T. Reynolds—who voted in district No. 3, in Boyle county. He 
voted for me, and his vote, by mistake of the clerk, is recorded for you. 


10 


KENTUCKY CONTESTED ELECTION. 


James Janes—who voted at Gradyville precinct, in Adair county. 
He voted for me, and his vote, by mistake of the clerk, was recorded 
for you. 

Cyrus Judd—who voted at the White Oak district, in Adair county. 
He voted for me, and his vote, by mistake of the clerk, was recorded 
for you. 

I shall insist upon striking from your poll the vote of 

Samuel M. Baker—who voted at Columbia, in Adair county. He 
voted for me, and his vote, by mistake of the clerk, was recorded for 
you and me both. 

M. Rhyne, F. L. Thomas, A. Polston, Ben. Austin, J. C. Williams, 
J. C. Cundiff, W. S. Baldock, W. J. Jones, Bird Russell, J. Abshear— 
all of whom voted at the Tate precinct, in Casey county, and their 
votes/are recorded for you and me both, when they all voted for me. 

William Curry—who voted at Columbia, in Adair county. He 
voted for me, and his vote, by mistake of the clerk, was recorded for 
you. 

I shall insist upon adding to my poll the names of the following 
voters, Avho were legal voters, and offered to vote, and were impro¬ 
perly and illegally rejected by the judges of election : 

Charles B. Kirkland—who offered to vote at precinct No. 1, in 
Boyle county. 

B. W. Moss—who offered to vote at precinct No. 2, in Boyle county. 

Isaac F. Keys—who offered to vote at Greensburg, in Green county. 

I shall also insist upon excluding the votes of the following named 
persons, who were permitted to vote after the time fixed by law for 
closing the polls, and after the polls had closed: 

Frank Delaney—who voted at Crab Orchard precinct, in Lincoln 
county. 

William Griffin—who voted at same place. 

John Shelton alias Chilton—who voted at Jamestown precinct, in 
Russell county. 

I shall insist upon adding to my poll the votes of the following 
named persons, who voted for me, and were so recorded, and their 
votes stricken from the books by the judges of election, after said 
voters had left the polls, and were not recalled, and without their 
consent or approbation: 

Archibald Sidwell—who voted in district No. 4, Clinton county. 

Jesse Sidwell—who voted in district No. 1, same county. 

W. A. Ellis—who voted at district No. 4, same county. 

I shall insist upon rejecting the third page of the poll-book of pre¬ 
cinct No. 5, in Russell county, because the same was not signed by 
the clerk as required by law; on that page the vote stood, Chrisman, 
18; Anderson, 9. 

I shall also insist upon striking from your poll the vote of Wm. R. 
Bowman alias “Wm. Bowman,’’ who voted in district No. 2, Boyle 
county; because said Bowman gave no vote in the congressional race, 
and by mistake of the clerk, his vote has been recorded for you. 

I shall also insist on striking from your poll the vote of 

G. R. Vaught—who voted at the Somerset district, in Pulaski 


KENTUCKY CONTESTED ELECTION 11 

county; because the vote of the said Vaught was recorded, by mistake 
of the clerk, for you and myself both, when he voted lor me. 

I shall also insist upon rejecting the poll-book, and the votes thereon 
recorded, of the Bent district, in Pulaski county, because three of the 
officers who held the election in said district were of the same politics 
with yourself, and opposed to me in politics; when, by the laws of 
Kentucky, there should have been an equal division of officers if they 
could be found in the district; and I allege that there were enough 
voters residing in the district who agreed with me in politics to 
have filled said offices. I state that Joseph Randall, a judge; Greenup 
Meese, sheriff; and Willis J. Stogsdell, clerk of said district, are all 
democrats, and agree with you in politics, held said election at said 
district, and at the district the vote stood, Chrisman, 68, and Ander¬ 
son, 2. 

I shall also insist that the vote of Frank Harrison, who voted at the 
Somerset precinct, in Pulaski county, be so changed as to give his 
vote to me alone. By a mistake of the clerk, he is put down as having 
voted for me and you both, when he voted for me alone. 

You claim that at the Kettle Creek precinct, in Cumberland county, 
that a mistake of ten votes was made to your prejudice. If you re¬ 
ceive the benefit of such pretended mistake, and I deny that such a 
mistake was made, I shall claim that the whole vote of Kettle Creek 
precinct be rejected; because the vote of said precinct, or a large 
portion thereof, was recorded by one C. C. Hughes, who was not the 
clerk of said election, and had no authority to act as such. 

I also claim that my actual majority from the county of Boyle was 
490 votes, when, according to the returns sent to Frankfort, it was 
486, and so counted in the returns. 

In the account sent to Frankfort from the county of Adair, the 
majority against me was 550, when the actual majority was only 549. 

There are other mistakes to my prejudice, as I will show by the 
proof. According to the laws of Kentucky, voting has to be done 
viva voce , and clerks of elections may, and actually do, make mistakes, 
and many have been to my prejudice. The democracy regard every¬ 
thing fair in politics, and after you have been defeated you ought to 
have submitted. Because frauds have been heretofore perpetrated 
by your party in elections, and men defeated when they were fairly 
elected, is no reason that you should now claim my seat. I therefore 
say you cannot chisel me out of my seat, to which I am fairly and 
honestly elected. 

The treasury at Washington is empty, and will doubtless be if 
Buchanan democracy is continued in power. I am informed, and 
shall insist upon, and expect to prove, that you have said that you 
did not desire to contest my seat, but some of your party forced^ou 
to do it; but even if defeated in Congress, you would get the mileage 
and compensation anyhow. 

1. John Ping—who voted at the Dallas district, in Pulaski county, 
because he had not been a resident of the State, county, or district 
for the time required by law. 


12 


KENTUCKY CONTESTED ELECTION. 


2. William Thompson—who voted at the Dallas district, in Pulaski 
county: because he was not 21 years of age. 

3. William Pierce—who voted at the Harrison district, in Pulaski 
county; because he was not 21 years of age. 

4. David Sadler—who voted at the Harrison district, Pulaski county; 
because he was not a resident for the time required by law; in fact, 
he was a resident of Logan county, Kentucky, at the time of said 
election. 

5. Leroy Whitiss—who voted at the Gaines district, in Pulaski 
county; because he was not 21 years of age. 

6. Samuel Garland—who voted at the Point Isabel district, in Pu¬ 
laski county; because he had been indicted, convicted, and sentenced 
to the penitentiary for felony, from Whitley county, Kentucky, and 
served his time out therein, and was thereby, by law, disfranchised, 

7. Erased. 

8. Eli Dykes, jr.—who voted at the Somerset district, in Pulaski 
county; because he was a resident of the Bent district, Pulaski county, 
at the time of said election. 

9. John L. Logan—who voted at the Harrison district, in Pulaski 
county; because he was not a resident of the State, county, or district 
for the time required by law. 

10. Samuel Thacker—who voted at the Juggernaut district, in 
Pulaski county ; because he had been indicted, convicted, and sen¬ 
tenced to the penitentiary, and served his time out therein, and was 
thereby disfranchised. 

11. Wesley Neal—who voted at the Buncombe district, in Pulaski 
county; because he was not a resident of the State, county, or district 
for the time required by law. 

12. Norris Williams—who voted at the Bent district, in Pulaski 
county; because he was not a resident of the State, county, or district 
for the time required by law. 

13. Washington Reynolds—who voted at the Bent district, in Pu¬ 
laski county; because of the same reason as last above stated. 

14. James Parton—who voted at the Harrison district, in Pulaski 
county; because he was not 21 years of age. 

15. John Elder—who voted at the same district for the same reason 
as above. 

16. Pleasant Jeffries—who voted at the Juggernaut district, in 
Pulaski county; because he was a foreigner, and not a citizen of the 
United States. 

17. Thomas Jenkins—who voted at the same district, and for the 
same reason as above. 

18. Henderson Angell—who voted at the same district; because 
he was not a resident of the State, county, or district for the time 
required by law. 

19. Patrick Doyle—who voted at the same district; because he was 
not a resident of the State, county, or district for the time required 
by law. 

20. Samuel Hansard—who voted at the same district; because there 
is no such voter living in said district. 


KENTUCKY CONTESTED ELECTION. 13 

21. John Davis—who voted at the Somerset district, Pulaski county; 
because he was not 21 years of age. 

22. Wm. Burton, son of Benj. Burton—who voted at the Gaines 
district, Pulaski county; because he was not 21 years of age. 

23. Dunny Lustre, son of Jesse Lustre—who voted at the same 
district, and for the same reason. 

24. J. J. Smiley—who voted at the Grundy district, Pulaski county; 
because he was not a resident of the State, county, or district for the 
time required by law. 

25. Emerson Strunk—who voted at the Texas district, Pulaski 
county, because he was not 21 years of age. 

26. Joseph Keith—who voted at the same district, and for the 
same reason. 

27. Daniel Chitwood—who voted at the same district; because he 
was not a resident of the State, county, or district for the time re¬ 
quired by law. 

28. Jonathan Abbott—who voted at the same district, and for the 
same reason. 

29. John Brown—who voted at the same district, and for the same 
reason. 

30. Elijah Burton—who voted at the Gaines district, Pulaski 
county ; because he was not 21 years of age. 

1. Samuel Chaney—who voted at the district No. 5, in Green 
county ; because he was not 21 years of age. 

2. Isaac Hartfield—who voted at district No. 4, in said county ; 
because he was a foreigner, and not a citizen of the United States. 

3. Samuel Bennett, jr.—who voted in the same district last named; 
because he was not a resident of the State, county, or precinct for 
the time required by law. 

4. Daniel Sullivan, sen.—who voted at the Greensburg precinct ; 
because of the same reasons last above named. 

5. Selden Renfro—who voted at district No. 5, in Green county ; 
because of the same reasons last above named. 

6. Thos. Elmore—who voted at district No. 4, in Green county ; 
because he was not 21 years of age. 

1. George W. St. Johns—who voted at district No. 1, Waynecounty; 
because lie was not a resident of the State, county, or precinct for 
the time required by law. 

2. William Boston—who voted at district No. 1, of said county ; 
because he was not a resident of the county or district for the time 
required by law. 

3. Charles Mitchell—who voted at the same place ; because he has 
not been a resident of the State, county, or district for the time re¬ 
quired by law. 

4. E. 13. Jones—who voted at the same district; because ho is a 
foreigner, and not a citizen of the United States, nor a resident of 
the State, county, or district, the time required by law. 

5. J. J. Shcpperd—who voted at the same district; because he was 


14 


KENTUCKY CONTESTED ELECTION. 


not a resident of the State, county, or precinct for the time required 
by law. 

6. Henry Greer—who voted at the same district; because he is a 
foreigner, and not a citizen of the United States. 

7. A. K. Russell—who voted at the same district; because he was 
not a resident of the State, county, or district for the time required 
by law. 

8. James Low—who voted at the same district; because he was not 
a resident of the State, county, or precinct for the time required by 
law. 

9. E. F. Waller—who voted at the same district; because he was 
not a resident of the State, county, or district for the time required 
by law. 

10. Henry Martin—who voted at the same district ; because he is 
a foreigner, and not a citizen of the United States. 

11. Andrew Henry—who voted at the same district; because he is 
not 21 years of age. 

12. John Chris well—who voted at the same district; because he 
was not a resident of the county or district for the time required by 
law ; in fact, he is a resident of Clinton county, Kentucky. 

13. G. B. Yaughn—who voted at the same district; because he is 
not a resident of the district. 

14. Shelby Thomas—who voted at the same district; because he is 
not 21 years of age. 

15. Charles Orman—who voted at the same district; because he is 
a foreigner, and not a citizen of the United States. 

16. George Smith—who voted at the same district; because he is 
not 21 years of age. 

17. William Terry—who voted at the same district; because he 
was not a resident of the county or district; in fact, he was a resi¬ 
dent of Russell county at the time of the election. 

18. George Arthur—who voted at the same district; because, after 
he had voted for me, and left the polls, his name was erased from the 
poll-books. 

19. J. McBlack—who voted at the Mill Springs, in Wayne county; 
there is no such voter in the district. 

20. Seaburn Crutchfield—who voted at the Mill Springs district, in 
Wayne county ; because he was not a resident of the county, State, 
or district for the time required by law; in fact, he is a resident of 
Kansas Territory, and voted, or said he voted, in said Territory; and 
further, because he is not entitled to vote in Kentucky, or anywhere 
else, he being under 21 years of age. 

21. Thomas Rutherford—who voted at the same district; because 
he is not 21 years of age. 

22. Marion Stevenson—who voted at the same district; because 
he is not a resident of the county or district for the time required by 
law. 

23. Thomas Mus—who voted at the same district; for the reasons 
last above named. 


KENTUCKY CONTESTED ELECTION. 15 

24. Wm. Scantland—who voted at the same district; because he 
is not 21 years of age. 

25. Sam’l Pennington—who voted at the same district; because 
he was not a resident of the State, county, or district for the time 
required by law. 

26. John Fredricks—who voted at the same district; because he is 
a foreigner, and not a citizen of the United States. 

27. James Daus—who voted at the same district; because he is 
not a resident of the county or district; in fact, he is a resident of 
Pulaski county. 

28. Wm. Dobkins—who voted at the same district; because he 
was not a resident of the State, county, or district for the time re¬ 
quired by law. 

29. H. P. Jones—who voted at the same district; because he was 
not a resident of the county or district for the time required by law. 

30. S. A. Hutchinson—who voted at the same district; because he 
is not 21 years of age. 

31. Wm. Weaver—who voted at the same district; because, after 
he had voted, and several other voters had voted after him, he had 
his vote recorded for you, he not having voted for you when he first 
cast his vote for the other democratic candidates for the various 
offices of the State, &c. 

32. William Foster, jr.—who voted in Mill Spring district ; because 
he is under 21 years of age, and not a resident of the district, as re¬ 
quired by law. 

33. George Payne—who voted at the same district; because he is 
an idiot. 

34. F. M. Marcum—who voted at the same district; because after 
he had recorded his vote for me, and had left the polls, his name was 
erased from the poll books, so far as his having voted for me 

35. Thomas Simpson—who voted in Mill Spring district, in Wayne 
county; because he was under 21 years of age. 

36. Alberry Shoat—who voted at the Edwards district, in Wayne 
county; because he was not a resident of the county for the time re¬ 
quired by law. 

37. Emerson Hancock—who voted at the same district; because he 
was not 21 years of age. 

38. Wm. Rule—who voted at the same district; for the same reason 
last stated. 

39. Shelby Denny—who voted at the same district ; for the same 
reason last stated. 

40. Wm. Carter—who voted at the same district; because he was 
not a resident of the State, county, or district for the time required 
by law. 

41. Granville Morgan—who voted at the same district; because ho 
is not 21 years of age. 

42. C. F. Kidd—who voted at the same district; because he w T as 
not a resident of the State, county, or precinct for the time required 
by law. 

43. John Sloan, jr.—who voted at same place; because of the rea¬ 
sons above named. 


16 


KENTUCKY CONTESTED ELECTION. 


44. Berry Shoat—who voted at the same place; because of the 
reasons above named. 

45. Andrew Hill—who voted at the South Fork district, in Wayne 
county; because he was not 21 years of age. 

46. Granville Spradlin—who voted at the same place; because he 
was not 21 years of age. 

47. William Brewster—who voted at the same place; because he 
was not a resident for the time required by law. 

48. Peter Phipps—who voted at the same place; he only voted for 
W. A. Hoskins, a candidate for the State senate; he did not vote in 
the congressional race, and his vote, since the polls were returned, 
has been put down for Chrisman. 

49. Patten Foster—who voted in district No. 7, Dobbsville; because 
he was not a resident for the time required by law. 

50. William King—who voted at the same place; because he was 
not 21 years of age. 

51. James Davis—who voted at same place; because he was not a 
resident for the time required by law. 

52. Frank Winchester—who voted at the same place; because of 
the reasons last above named. 

53. Hiram Troxdall—who voted at the same place; because he was 
not 21 years of age. 

54. Bryant Thurston—who voted at the Mullentown district, Wayne 
county; because he was not 21 years of age. 

55. Granville Shoat—who voted at the same place; because he was 
not a resident for the time required by law. 

56. William Kennedy—who voted at the Sinking district, in Wayne 
county; because he was not a resident for the time required by law. 

57. Isaac Mason—who voted at same place; because he is not a 
legal voter. 

58. Stephen Loveall—who voted at same place; because he is 
under 21 years of age. 

59. Gideon Loveall—who voted at same place; because he is not 
a legal voter. 

60. Christopher Jones—who voted at same place; because he is 
not 21 years of age. 

John Honey—who voted at Mullentown, not having been a resident 
of the district, State, or county the time required by law. 

I have denied the charges in the paragraphs named, and may have 
omitted to speak of some special charges in your pretended notice. 
If so, I hereby deny them. But I do admit that Abraham Monroe, 
whose vote you challenged, as I suppose, was not a legal voter, for if 
you will examine the poll-books, you will find that said Monroe voted 
for you, and is recorded and counted. 

You have also challenged the vote of James Lair. The said Lair 
voted for you and is so recorded, but the same is illegal; and I there¬ 
fore admit that as he voted for you his vote is illegal. 

I have been persecuted by the leaders of the democratic party, and 
my seat in the Congress of the United States has been contested; 
but I expect to prove, and will prove, before said Congress, that I am 


KENTUCKY CONTESTED ELECTION. 


17 


honestly, fairly, and legally elected to that position; and I will state, 
that in the discharge of the high duty, as the representative from the 
fourth congressional district of Kentucky, endeavor to so act as to 
meet with the confidence and respect of my constituents. The war¬ 
worn veteran, the children of the country, the widow, the orphan, 
shall, so far as my feeble efforts are concerned, be fully rewarded. 

W. C. ANDERSON. 

Executed the within upon James S. Chrisman, (the within named,) 
by delivering to him a true copy hereof on the 10th day of October, 
1859, in the town of Monticello, Wayne county, Kentucky. 

F. BATES, S. W. C. 

By L. P. BAKER, D. S. 

October 8, 1859. 

James S. Chrisman: You will take notice that on the 21st day of 
October, 1859, at the court-house in the town of Danville, Boyle 
county, Kentucky, before Speed S. Fry, presiding judge of the Boyle 
county court, I will proceed to take the depositions of the following 
named persons: J. P. Brumfield, Jacob Goodknight, S. H. Gregg, 
J. T. Runnels, Richard Pendergrast, Hanson Pendergrast, R. H. 
Meigs, G. M. Proctor, A. H. Sneed, G. W. Doneighy, George Raney, 
E. P. Humphry, W. Wollaston, John F. Verden, J. H. Williamson, 
W. A. Harness, James Taylor, G. R. Smith, John J. Craig, S. P. 
Barbee, G. T. Kirkland, J. T. Boyle, B. W. Moss, W. R. Bowman, 
Nicholas McDowell, Stage Goode, E. W. Sumpter, B. F. Overstreet, 
Philip Johnson, James F. Zimmerman, Churchill Yager, Lee Yager, 
David Crozier, Clement Smith, John Surcy, Jacob McNeal, H. A. B. 
Crowder, William Beagley, George Tate, Benjamin Bruner, W. R. 
Boyce, H. P. Bosley, C. C. McClure, William Figg, E. McNair, J. T. 
Haley, E. Preston, Zack. Price, J. B. H. Latimer, Henry Hamilton, 
John Hughs, G. D. Masonheimer, George Beddow, Walter Irvine, 
John Cabell, James Crowder, John F. Zimmerman, W. C. Compton, 
Joseph McNeal, Grandison Glasscock, Thomas W. Napier, C. B. 
Kirkland, George Jones, J. C. McKay, John Durham, Thornton 
Thurman, John Cowan. A. Clemmens, James Turpin, W. II. Yates, 
James Yates, Robert Mitchell, Joseph H. Thomas, Henry Bruce, 
II. L. Carpenter, W. L. Tachington, Abraham Clemmens, A. Tucker- 
son, sr., William Boling, Arcliy Gray, B. D. Williams, A. Blakeman, 
Elias Montgomery, S. P. Barbee, J. Curtis, M. 0. Stretch, 0. Gan¬ 
nett, A. W. Washington, W. C. Compton, Thomas Tacluck, R. H. 
Cecil. George Shrimpton, John Horton, J. II. Irwin, Warton Irvine, 
E. P. Humphrey, Mrs. Amanda Craig, Miss Pattee Craig, J. S. Cald¬ 
well, G. S. Caldwell, Frank Oversted, James M. Gray, George Ward, 
C. B. Kirkland, Garrett Clarkston, W. II. Prewitt—all of which wit¬ 
nesses now live and reside in the county of Boyle, State of Kentucky, 
except George Beddow, H. L. Carpenter, Thomas W. Napier, James 
Crowder, and John Cabell; the three former reside in Lincoln county, 
and the two latter reside in Marion county, Kentucky; and George 

H. Mis. Doc. 11-2 



18 


KENTUCKY CONTESTED ELECTION. 


Sumpter and John Horton live in Wayne county, and E. H. Cecil in 
Mercer county. 

And I will, on the 31st day of October, 1859, at the court-house in 
Liberty, Casey county, before Winston Bowman, presiding judge of 
the Casey county court, take the depositions of Joel Sweeney, Asa 
Bryant, G. W. Bowman, Thomas Watson, R. H. Wilkinson, C. F. 
Campbell, Dr. W. J. McGowan, Henry Devenport, George Dry, 
James Dry, John Earls, T. R. Tucker, James Allstott, George Moore, 
James Brown, Robert Peyton, H. W. Thomas, Frank Woolford, 
McDowell Fogle, Mrs. Harrison Patterson, Perry Humphry, John 
Durham, F. L. Thomas, M. Rhyne, Rebecca Lanehart, William Smith, 
Anderson Rigney, John Pelly, Winston Bowman, C. R. Coffey, W. C. 
Myers, John Durham, P. Jenkins, Charles Tate, D. Tucker—all of 
which witnesses now reside in the county of Casey and State of 
Kentucky. 

And on the 8th day of November, 1859, before Thomas W. Napier, 
presiding judge of the Lincoln county court, at the court-house in 
Stanford, Lincoln, Kentucky, I shall take the depositions of R. Car- 
son, J. B. Elder, A. Carson, Harrison Middleton, G. H. McKenney, 
Edward Caldwell, Peter E. Carter, H. W. Farris, S. E. Higgins, 
Samuel Holmes, J. Johnson, Sidney Myres, James Beddew, Jefferson 
Graham, H. E. Owsley, Hugh Hays, Finley Hays, John Raines, 
James Patton, Mrs. Lette Patton, R. H. Givens, H. L. Carpenter, 
Robert White, W. F. Camden, Selburn Johnson, A. K. Root, R. May, 
Adam Pence, James Bliss, F. Coffman, Dr. Brown, John Tate, A. H. 
Campbell, Thomas Green, J. M. Cook, G. D. Wetherford, William 
Dry, S. 0. Middleton, T. B. Dodds, Clinton Hocker, Alfred Skinner, 
Green Kidd, William Petree, W. 0. Hansford, William King, Harvey 
McAlister, Reuben Williams, Robert P. Graves, Isaac Gibson, D. J. 
Alcorn, Richard Carter, William Craig, Evan Waters, Joel E. Huff¬ 
man, R. W. Graham, William Ousley, William Bacon—all of which 
witnesses now reside in the county of Lincoln, State of Kentucky. 

And on the 15th day of November, 1859, at the court-house in the 
town of Jamestown, Russell county, Kentucky, before William M. 
Green, presiding judge of the Russell county court, I shall take the 
deposition of E. McFall, William Wilburn, James Sullivan, John Sul¬ 
livan, J. C. Winfrey, Thomas Grider, J. E. Grider, C. C. Buster, 
L. H. Russeau, Clayton Ellis, Elijah Coffey, T. L. Wood, B. Holt, 
Lewis Sharp, William Johnson, J. G. Schott, W. H. Haynes, Elias 
Dunbar, Chesley Muse, James Fox, James Grider, James Miller, 
James Duncan, George Bryan, H. Campbell, William Jones, Seth 
Wade, Samuel Jeffreys, Solomon Wells, James P. Floyd, W. S. Pat¬ 
terson, George Matney—all of which witnesses now reside in the 
county of Russell, State of Kentucky. 

And I will, on the 23d of November, 1859, at the court-house in 
the town of Somerset, Pulaski county, Kentucky, before D. H. Den¬ 
ton, presiding judge of the Pulaski county court, take the depositions 
of Robert Smith, James Delany, W. M. Adams, W. Adams, John P. 
Nunnelly, Thomas Gibson, W. F. Scott, E. Milton, John Denny, 
Samuel Owens, James Denny, Reuben Denny, Wm. Mounts, Peter 


KENTUCKY CONTESTED ELECTION. 


19 


Waddle, Wrn. Grear, James Ballow, Samuel Lane, R. Phelps, Tyre 
Turpin, Thomas Durham, John M. Hale, Wesley Hale, Tlios. Hale, 
T. Q. Jasper, A. E. Massy, James Massy, Wm. Davis, Richard Bur¬ 
nett, J. D. Alcorn, Wm. McKee Fox, Frank Harrison, George R. 
Vaught, John M. Hayden, E. D. Porch, Ben. Compton, Jack Patton, 
S. C. Severs, D. W. Russell, J. M. Weddle, W. F. Dobbs, W. S. 
Buchanan, Stephen Burton, J. Q. A. Richardson, Jo. B. Newell, S. 
H. Tate, A. M. Beaty, Jas. Jasper, Wm. Weddle, J. W. Adams, 
Silas Tartar, Riley Mise, Jeff. Hargis, M. G. Mise, Allen Jones, J. M. 
Perkins, Thomas Doolin, Hamilton Hinds, J. M. Smith, Silas Price, 
Ole via Waddell, J. H. Davis, John Owens, (Gaines district,) Stephen 
Burton, Jack Hart, Alfred Taylor, Haywood Simpson, Jack Ingram, 
Eli Carell, Dudley Massengill, W. F. Patterson, and Wm. Love— 
all of which witnesses now leside in Pulaski county, except it may 
be that Eli Carell and Dudley Massengill live in the county of 
Wayne. 

And I will, at the court-house in the town of Monticello, Wayne 
county, Kentucky, on the 2d day of December, 1859, before G. W. 
Mills, presiding judge of the county court of said count} 7 , take the 
depositions of C. H. Buster, William Simpson, B. E. Roberts, John 
S. Vanwinkle, John B. Ingram, Ezekiel Smith, C. A. Cox, Thomas 
Lair, Frank Lair, John Kennet, William Lair, G. W. Twiford, James 
Gann, James Meadows, W. C. Turner, J. V. Warden, M. D. Hardin, 

B. W. Duncan, M. Stephens, A. M. Shepperd, Miles Gregory, John 
W. Tuttle, Solomon Cecil, Nelly Cecil, Miss Jane Low, Allen Butler, 
Wm. Dugger, George W. Twiford, M. Stephens, John Kennett, Mrs. 
Henry, Geo. W. Ingram, James Ingram, David Wallen, Daniel P. 
Wright, A. H. Duvall, Flem. Bates, P. Baker, J. T. Wilhite, John 
Carter, Evan Thomas, Harrison Brascomb, W. H. Berry, Jenny 
Smith, Joseph Costillo, Wilson Terry, Lans. Stepeson, Jas. B. Berry, 
James M. Hutchinson, John Morris, A. R. West, L. A. Lanier, Jas. 
West, Wm. Brown, James R. Brown, H. L. Carrigan, Wiley Johnson, 
Jas. Denny, of Pulaski county, Kentucky, Mrs. Nancy Hutchinson, 
Robert M. Tate, T. C. Brown, A. II. Daugherty, Alvin Jones, Hock 
Johnson, John Stockton, Wm. Guffey, Daniel Powers, Thos. Han¬ 
cock, Jesse Hancock, John Low, John Hatfield, James Carter, Henry 
Denny, Steuart Ingram, Wm. Crouch, of Fentress county, Tenn., 
John Dishman, T. Morgan, Randall Morgan, C. Frost, Martin Ken¬ 
nedy, John Hicks, J. Sloan, Dan. Powers, Benj. Hill, John Lew- 
alien, John Steele, J. Burnett, David Spradlin, Andrew Slavey, Ed. 
Young, W. Ryan, T. Ryan, Miles Gregory, Jacob Sandusky, Tom. 
Hurt, Peter Phipps, David Bell, Henley Blevins, Armstead Blevins, 
Tim. Blevins, William Canon, Mrs. Milly King, Ben. Bush, James 
Dolens, William Dobbs, John Dobbs, Jacob Troxdall, sr., Thomas 
Boyd, Riley Shesteen, Hiram T. Hall, B. Thurston, Preston Beck, 

C. L. Higginbotham, Tim. Short, Nathaniel Hicks, James Clark, 
Bradent Guffey, B. W. Iluffaher, C. Frost, Robt. McBath, Robt. 
Rankin, John H. Phillips, R. Hutchinson, D. Russell, John Black, 
Wash. Jones, Newton Powell, John R. Dich, Tim. Powell, Matthew 


20 


KENTUCKY CONTESTED ELECTION. 


Denny, Josh. Denny, James Dich, G. P. Dich, Eli Correll, Gordon 
Cordie, E. L. Vanwinkle, Mrs. Stephen Loveall, Mrs. William Mc¬ 
Gee, Mrs. Mary Kidd, Newton Powell, Dr. C. A. Cox, Mrs. William 
Bussell, James Lawson, B. Lawson, John L. Soller, J. E. Viehry, 

C. Abner, A. E. Smith, 0. Barns, John Horton, George Sumpter, 

B. H. Crag, Joseph Sumpter, George K. Holman, M. Sumpter, Har¬ 
den Stephens, E. Spradlin, William Dobbs, John Dobbs, Isaac Har¬ 
den, Joseph Boberts, J. V. Waran, William M. Worsham, Bailey 
Boberts, of Pulaski, Ambrose Spradlin, William Spradlin, of Whitley, 
Shadrach Blevins, Timothy Blevins, William Crobston, Silas Parmly, 
William Massengill, Celia Bruster, E. Cecil, Martha Massengill, David 
Lowe, Mrs. McGee, Nelson Davis, Polly Stockton, Bob. Baugh, B. F. 
Taylor, L. B. Long, JohnB. Hinas, John Fusten, James Bois, and Wm. 
Bates—all of which witnesses reside in the county of Wayne, except 

D. P. Wright, A. H. Duvall, John Stockton, and Wm. Guffey, who re¬ 
side in the county of Clinton; James Denny and Bailey Boberts, who 
reside in the county of Pulaski; Wm. Spradlin, who resides in the 
county of Whitley; Wm. Crouch, who resides in Fentress county, 
Tenn.; Henley Blevins and Armstead Blevins, who reside in Scott 
county, Tenn.; Mrs. Stephen Loveall, who resides in the county of 
Adair; John Horton, George Sumpter, in Wayne county, and B. H. 
Cecil, who resides in Mercer county. Abo, deposition of S. J. 
Stephenson and Biley Chusteen, of Wayne county. 

And I will, on the 12tli day of December, 1859, at the court-house 
in the town of Albany, Clinton county, Kentucky, before William 
Van, presiding judge of the Clinton county court, take the deposi¬ 
tions of W. A. Hoskins, Valentine Brown, S. W. Hunter, Frank Bur¬ 
chett, G. W. Howard, Perry Duval, J. P. Beckens, Harvey Brogan, 
P. H. Smith, Henry Taylor, Pearson Huff, H. T. Goff, Frank Irvin, 
Luther Hancock, B. F. Hancock, A. J. York, C. L. Holsapple, Chas. 
P. Gray, Isaac Boring, Otho Miller, B. W. Wood, Elijah Koger, John 
Irvin, Arch’d Sedwell, Jesse Sedwell, J. Patton, J. L. Chilton, 
James Johnson, B. Woodson, James Gibbons, Allen Smith, Elgy 

C. Smith, James Chilton, J. C. Andrews, Wm. Koger, M. Koger, 
Wm. Harper, M. Speck, Jane Smith, Martin B. Owens, Jos. Tomp¬ 
kins, Joshua Lawhorn, Anderson Maynard, Eli Jones, Bobert Wood, 
Beuben Hurt, Simeon Marcum, W. A. Ellis, John W. Marion, A. H. 
Duvall, Jas. Beard, and D. P. Wright—all of which witnesses now 
reside in the county of Clinton, State of Kentucky. 

And I will, on the 20th day of December, at the court-house in 
the town of Burksville, Cumberland county, Kentucky, before James 
Haggard, presiding judge of the Cumberland county court, take the 
depositions of B. C. Logan, A. G. Waggener, M. H. Owsley, T. Q. 
Wadkins, Joseph B. Alexander, A. Norris, J. C. Pace, Jackson Pace, 
Edward Pace, Thomas Bhonime, John Cheek, M. L. Harris, W. S. 
Matthews, Bonaparte Chatham, Lewis Waggoner, D. B. Haggard, F. 
W. Alexander, Meredith Martin, Samuel Luallen, Abraham Spears, 
W. F. Owsley, Joel Owsley, J. S. Bledsoe, James Cheek, Zib Norris, 


KENTUCKY CONTESTED ELECTION. 


21 


John Johnson, J. Dulworth, Sam Elliott, Asa Elliott, Robert Elliott, 
Russell Cole, Robert Scott—all of which witnesses reside (now) and 
live in Cumberland county, except W. S. Matthews, who lives in 
Taylor county. 

And I will, on the 30th December, 1859, at the court-house in the 
town of Columbia, Adair county, Kentucky, before E. T. Willis, 
presiding judge of the Adair county court, take the depositions of 
E. T. Sublette, Champ Dellingham, Ben. Drake, Thomas E. Bram- 
little, Z. Wheat, Eli Wheat, Sinclair Wheat, W. H. Spencer, A. F. 
Merryman, W. E. Baker, Jos. Williams, Mat. Miller, Jonathan Jones, 
Bethel Compton, Black Hughes, N. S. Wheeler, T. T. Alexander, 
James Jeans, Elzy Damron, Archibald Wade, Mat. Sparks, Jeff. Jones, 
James Nelson, A. B. Nelson, Thomas Dowell, J. B. Yates, Cyrus Judd, 
George D. Redman, G. W. Ewing, Walter Irvin, Randolph Rice, Zack 
Jeans, J. P. Owens, Stephen Stone, Mat. Parks, C. J. Taylor, Win. 
Mundy, William Curry, (Shanghai,) Mrs. Stephen Terrall, Jos. Janes 
—all of which witnesses now reside in Adair county, except Walter 
Irvin, who resides in the county of Boyle, Kentucky. 

And I will, on the 9th day of January, 1860, at the court-house in 
the town of Campbellsville, Taylor county, Kentucky, before William 
Cloyd, presiding judge of the county court of Taylor county, take 
the depositions of W. E. Parrott, Thomas Coward, John C. Sanders, 
Alexander Lindsey, R. B. Sanders, E. L. Green, Wm. Gelpen, George 
Capehart, Ferdinand Easten, R. Davis, R. P. Dunham, G.W. Montague, 
Jos. H. Chandler, J. R. Robinson, W. T. Martin, Robert Martin, 
W. S. Matthews, Wm. Rakes, Joel Spaggins, Loch Phillips—all of 
which witnesses now reside in the county of Taylor, State of Ken¬ 
tucky. 

And I will, on the 19th day of January, 1860, at the court-house 
in the town of Greensburg, Green county, Kentucky, before William 
Barnett, presiding judge of the county court of Green county, take 
the depositions of W. N. Vaughn, John H. Ward, J. C. Edwards, 
Chapman Edwards, Robert Marshall, Monroe Adair, Archibald Lewis, 
J. B. Carlisle, James Carlisle, W. T. Ward, Q. H. Easters, J. H. 
Easters, W. B. Allen, S. T. Wilson, H. T. Hogan, B. E. Courts, J. 
T. Golder, J. M. S. McCorkle—all of which witnesses now live in 
the county of Green, State of Kentucky. 

And at each of the places indicated in this notice I will continue 
taking the depositions aforesaid, at the places mentioned, from day 
to day (Sundays excepted) until completed; but shall allow an interval 
of at least five days between the close of taking the testimony at one 
place and its commencement at another; at which times and places 
you can attend in person or by attorney or agent. All of the fore¬ 
going depositions, when taken, are to be read as evidence in my 
behalf in the contested election before the House of Representatives 
of the Congress of the United States, in which you are the contestant 
for my seat in said House of Representatives, &c. 

WILLIAM C. ANDERSON. 


22 


KENTUCKY CONTESTED ELECTION. 


Executed the within notice upon the within named James S. Chris- 
man by delivering to him a true copy hereof on the 10th day of 
October, 1859, in the town of Monticello, Wayne count}q Kentucky. 

F. BATES, Sheriff of Wayne County. 

By L. P. BAKER, Deputy Sheriff. 


Danville, Kentucky. 

Sir: You have given me notice that you will contest my seat as 
representative in the Congress of the United States, and you have 
also given me notice to take depositions in different parts of the dis¬ 
trict, commencing on the 21st of October. 

It is impossible to take the proof within the sixty days, allowing an 
interval of live days, as required by law. I therefore propose that we 
meet at some convenient point in this district, to agree upon the time 
and places of taking the proof. We can dispense with the interval of 
five days, and take on from day to day until completed. 

I do this in order that the case can be prepared for an early deci¬ 
sion of Congress. If you accept the proposition, notify me in writing; 
if not, I shall be compelled to go on and take the proof at the time 
and places designated in the notice. 

Respectfully, 

W. C. ANDERSON. 

James S. Chrism an. 

Executed upon the within named J. S. Chrisman on the 17th of 
October, 1859, by delivering him a true copy hereof. 

FLEMMING BATES, 

Sheriff of Wayne County. 


October 8, 1859. 

You will take notice that on the 21st day of' October, 1859, at the 
court-house in the town of Danville, Boyle county, Kentucky, before 
Speed S. Fry, presiding judge of the Boyle county court, I will pro¬ 
ceed to take the depositions of the following named persons: J. P. 
Brumfield, Jacob Goodknight, S. H. Gregg, J. T. Runnels, Ree’d 
Pendergrast, Henson Pendergrast, R. H. Meigs, G. M. Proctor, A. H. 
Sneed, G. W. Doneighy, George Raney, E. P. Humphry, W. Wol¬ 
laston, John F. Virden, J. H. Williamson, W. A. Harness, James 
Taylor, G. R. Smith, John J. Craig, S. P. Barbee, G. T. Kirkland, 
J. T. Boyle, B. W. Mass, W. R. Bowman, Nicholas McDonald, Stage 
Goode, E. W. Sumpter, B. F. Overstreet, Philip Johnson, James F. 
Zimmerman, Churchill Yager, Lee Yager, David Crozier, Clement 
Smith, John Surcy, Jacob SlcNeal, H. A. Crowder, William Beagley, 
George Tate, Benjamin Bruner, W. R. Boyce, H. T. Bosley, C. C. 
McClure, William Figg, E. McNair, J. T. Haley, E. Preston, Zack 
Price, J. B. II. Latimer, Henry Hamilton, John Hughs, G. D. Mason- 
heimer, George Beddow, Walter Irvine, John Cabell, James Crowder, 
John F. Zimmerman, W. C. Compton, Joseph McNeal, Grandison 
Glasscock, Thomas W. Napier, C. B. Kirkland, George Jones, J. C. 
McKay, John Durham, Thornton Thurman, John Cowan, A. Clem- 


KENTUCKY CONTESTED ELECTION. 


23 


mens, James Turpin, W. H. Yates, James Yates, Robert Mitchell, 
II. H. Thomas, Ilenry Bruce, H. L. Carpenter, W. L. Tarbington, 
Abraham Clemmens, A. Tuckerson, sr., William Boling, Archy Gray, 
B. D. Williams, A. Blakeman, Elias Montgomery, S. P. Barbee, Jo. 
Curtis, M. 0. Stretch, 0. Garnett, A. W. Washington, W. C. Comp¬ 
ton, Thomas Tarbock, R. H. Cecil, George Sumpter, John Horton, J. 
W. Gwin, Walter Gwin, E. P. Humphrey, Mrs. Amanda Craig, Miss 
Pattie Craig, J. S. Caldwell, G. S. Calwell, Frank Overstreet, James 
M. Gray, George Ward, C. B. Kirkland, Garrett Clarkston, W. H. 
Prewitt, George Beddow—all of which witnesses now live and reside 
in the county of Boyle, State of Kentucky, except George Beddow, 
II. L. Carpenter, Thomas W. Napier, James Crowder, and John 
Cabell; the three former reside in Lincoln county, and the two latter 
reside in Marion county, Kentucky; and George Sumpter and John 
Haston live in Wayne county, and R. H. Cecil in Mercer county. 

W. C. ANDERSON. 

James S. Chrism an. 

Depositions taken before Speed S. Fry, presiding judge of the 
Boyle county court, in the State of Kentucky, at the court-house in 
Danville, on the 21st day of October, 1859, to be read as evidence 
in a matter of contest between James S. Chrisman and W. C. Ander¬ 
son, pending before the House of Representatives in the Congress of 
the United States. 

Testimony in behalf of TV. C. Anderson . 

Deposition of Stage Goode. 

Question by W. C. Anderson. How long have you known James 
T. Haley, who voted for W. C. Anderson at August election, 1859 ? 

Answer. I have known him since he was a child. 

By same. Did he or not reside in the State, county, and precinct 
in which he voted; if so, how long in each? 

Answer. He has resided in the State all his life; he was born in 
the State. One } 7 ear ago last spring he was getting bark for Sami. 
S. Moore, in this county, and in the precinct in which he voted, pre¬ 
cinct No. 3, in Boyle county. He claimed his home at the residence 
of a Mrs. Gates, who also resided in that precinct. 

By same. Was he or not sworn when he voted at the August elec¬ 
tion and then swear and state that he resided in the precinct where 
he voted, and had done so for the time required by law? 

Answer. Yes, he did. 

By J. S. Chrisman's counsel. Where did Haley reside at the last 
election ? 

Answer. He said he still made his home at Mrs. Gates', in Boyle 
county, but he was at work for Caleb Adams, in Casey county, at the 
time of the August election. 

By same. How long had he been at work for Adams before the 
election ? 


24 


KENTUCKY CONTESTED ELECTION 


Answer. I do not know. 

By same. Did you ever know but one man of the name of James T. 
Haley in the county of Boyle ? 

Answer. I never did. 

By Anderson. Do you know C. P. Springer, who voted for Chris- 
man in district No. 3, in Boyle county; if so, state whether he is a 
married or single man? Where was his family residing at the time of 
the election ? How long had he been living out of the county ? 

Answer. He has been living in the city of Louisville for several 
years. I think, or understood, that his family was in Louisville at 
the time of the last August election. He sometimes came up here 
and staid awhile at his father's in this county. He is now absent 
from the county. 

By same. Did he or not leave the county and go back to Louisville, 
or some other place, a few days after the election ? 

Answer. I understood from him that he was going to Lebanon, in 
Marion county. He got on the stage here just after the election, and 
went olf. 

By same. Has he (Springer) or not claimed Louisville as his home 
for several years past? 

Answer. He claimed that as his home. I have been at his house 
there several times. 

By Chrisman's counsel. Was not Springer living in the county of 
Boyle, engaged in work, for more than sixty days preceding the elec¬ 
tion; and did he not vote in that district in which he boarded? 

Answer. He was staying at his father's sixty days or longer, before 
the election in this county, and he voted in the precinct in which he 
boarded or staid. 

By same. Did you, whilst Springer was in Boyle county, have any 
conversation with him in regard to his place of residence at that time ? 

Answer. I did not. 

By same. Do you, then, of your own knowledge, know where he 
resided at the time of the election? 

Answer. I do not, except that he was staying at his father's, in 
Boyle county. 

By same. Where is James T. Haley now; and have you seen or 
heard of him in the county of Boyle since the election ? 

Answer. I liavn’t seen him since the day after the election. I un¬ 
derstand he is still at work for Adams. 

By Anderson. At the time that Springer was boarding at or staying 
at his father's, was or not his family (wife and children) residing in 
Louisville ? 

Answer. I do not know, but understood they were. 

By same. Is he or not a housekeeper in Louisville ? 

AnsAver. He has been, for I have been at his house, but do not 
knoAv whether he is noAv or not. 

By Chrisman's counsel. Does not Springer's family consist of him¬ 
self and his wife only; and Avas not his wife with him in Boyle county 
whilst he was boarding at his father’s? 

AnsAver. I think he has no family except himself and wife, and his 


KENTUCKY CONTESTED ELECTION. 25 

wife was with him a part of the time whilst he was at his father's this 
summer. 

Bv Anderson. Do you know of any such man as Henry White, who 
voted for Chrisman at the election; if so, where does he reside? 

Answer. I don’t know any such man in this county. I know a man 
of that name in Casey county. I havn’t seen him for several years. 

By same. Do you know any such man in district No. 3, or in Boyle 
county, as Able Reeves, who voted for Chrisman? 

Answer. I do not. 

By same. How long have you been living in this county ? 

Answer. I have been living here ever since the county was made. 

STAGE GOODE. 

Also the deposition of William Figg, taken by the same party, at 
the same time and place: 

By Mr. Anderson. Do you know one C. C. McClure, whose vote 
has been contested by Chrisman; if so, how long had he been 
residing in the State, county, and precinct where he voted before the 
election ? 

Answer. I know C. C. McClure; he has worked for me several 
times, and is at work for me now. He told me he had been living in 
this State a little upwards of five years. He came to the precinct 
where he voted at the last August election some time in the month 
of May last, between the middle and last of the month. He said he 
had been at Perryville, in this county, some two weeks before he 
came to Danville. He worked for me in Danville some three years 
ago. 

By same. Was he or not a resident of the precinct for more than 
sixty days prior to his voting ? 

Answer. I think he was. Some time in the month of July he took 
a trip out to Somerset, in Pulaski county. He said he was going out 
there on a little business, and intended to return, as he considered 
this his home, and he intended to vote hero. He might have taken 
a trip to Tennessee. I think he did go there before he got back. 

By Mr. Chrisman. Is not McClure a journeyman hatter; and is 
not his home and residence wherever for the time he may have busi¬ 
ness or work ? 

Answer. He is a journeyman hatter, and wherever he has business 
or work is his residence for the time. 

By same. Between the time that he came to live with you, in May, 
and the election, was he not absent from the county of Boyle the 
greater part of the time ? 

Answer. No, he was not; I don’t think he was. 

By same. Where had he been living for the year preceding the 
election ? 

Answer. In Elizabethtown, I think; I don’t know how long, but 
had been living there for some time. 

By same. What business took him to Somerset, and what to 
Tennessee ? 

Answer. I do not know; he did not tell me. 


26 


KENTUCKY CONTESTED ELECTION. 


By same. Are you not a hatter, carrying on the hatting business 
in Danville, and had you any work for him to do when he left for 
Somerset and Tennessee ? 

Answer. I am a hatter, carrying on business in Danville. At the 
time C. C. McClure left for Somerset and Tennessee I had no water 
to carry on my business. He said he would return from Somerset 
and Tennessee to finish up some hats I had on hand. 

By same. Has McClure a family, and is he or not dependent upon 
his daily labor for support ? 

Answer. He has no family that I know of. He is dependent upon 
his daily labor for a support. 

By Mr. Anderson. Was or not the absence of Mr. McClure from 
the precinct where he voted for a mere temporary purpose; did he 
not state when he left that he intended to return and vote; is he or 
not now residing with you and working for you, and been doing so 
ever since the election? 

Answer. Yes, sir. 

By same. Was he or not sworn at the election, and made his state¬ 
ment of his case, and after the statement was made permitted to vote 
by the officers ? 

Answer. He was; he came back from Somerset and Tennessee 
about a week before the election. 

By Mr. Chrisman. Does he claim to reside with you any longer 
than you can give him work? 

Answer. I suppose not. 

WM. FIGG. 

Also the deposition of George T. Kirkland, taken by same party, 
at same time and place: 

By Mr. Anderson. What relation are you to C. B. Kirkland, who 
offered to vote in precinct No. 1, of Boyle county ? State where his 
residence was at the time of the election, and how long he had 
resided in the State, county, and precinct prior to the August elec¬ 
tion, 1859. 

Answer. I am his father. He went to Missouri, last April was a 
year ago, as he said when he left, with a view to look at the country 
and on other business. His intention when he left was to return last 
fall, but he got into some business in Missouri, and he did not get 
back until July, just before the August election. He did not go for 
the purpose of making Missouri his home. He left a horse and some 
other property at my home in Kentucky and in the precinct where 
he offered to vote. He is a young man and unmarried. 

By same. Do you know Henson Gee; is he an idiot or not? 

Answer. I know him. He is not as bright as some men, but he 
has always been allowed to vote. He goes about and attends to 
business. 


G. T. KIRKLAND. 


KENTUCKY CONTESTED ELECTION. 


27 


Also the deposition of C. B. Kirkland, taken by same party, at the 
same time and place: 

By Anderson. Are you or not the same C. B. Kirkland who offered 
to vote in district No. 1, Boyle county, Kentucky, at the August elec¬ 
tion, 1859, and refused by the officers a vote ? State how long you 
have resided in the State, county, and precinct where you did offer 
your vote. 

Answer. I am; I have always claimed this county as my residence. 

By same. Did you not leave the county of Boyle in the spring of 
1858, and go to Missouri ; if so, how long did you reside in Missouri, 
and when did you return to Kentucky ? 

Answer. I went to Missouri in the spring of 1858. I was in Mis¬ 
souri about fifteen months. I got back to Kentucky in July last. 

By same. What was the object of your visit to Missouri? 

Answer. I went there to look at the country and to see my brother. 

By same. Did you intend to remain in the country (Missouri) if you 
liked it, or if you got into business there ? 

Answer. No; I intended coming back. 

By same. Did you return as soon as you intended when you left; 
and if not, what was the reason ? 

Answer. I did not return as soon as I expected. I bought some 
tobacco there, and had to stay until I sold it. 

By same. Did you open a business house in Missouri for the sale of 
your tobacco ? 

Answer. No, sir. 

By same. Did you pay taxes, or vote, in Missouri? 

Answer. No, sir. 

By same. Were you not examined on oath by the judges, your ac¬ 
quaintances, when you offered to vote ? 

Answer. No; I was not sworn, but I related the facts to them. 

By same. Are you not an unmarried man, unsettled as to your 
home ? 

Answer. I call my father’s my home; I am there sometimes, and 
sometimes I am not. I reside at my father’s now. I am an unmar¬ 
ried man. 

By same. Do you intend to remove to Missouri ? 

Answer. No, sir. 

By Anderson. For whom would you have voted for representative 
in Congress, if your vote had been received? 

Answer. I would have voted for W. C. Anderson; but at the polls 
I did not announce the wish to vote for any particular person. 

By same. Was it or not known by your acquaintances that you would 
have voted the opposition ticket, and for Anderson ? 

Answer. It was. 

C. B. KIRKLAND. 

Also the deposition of Walter Irvin, taken by the same party, at 
the same time and place: 

By Anderson. Are you acquainted with Morgan alias A. N. Simp- 
on, who voted for Chrisman at the Nealsville precinct, in Adair 


28 


KENTUCKY CONTESTED ELECTION. 


county, at the August election, 1859? If so, state what he said to you 
and others in regard to his age and right to vote. 

Answer. I am well acquainted with Morgan Simpson; he had been 
working for me about four months previous to the election. During 
that time he stated twice to me that he was under age, and would not 
vote at the election. I was informed that he voted, though I did not 
see him vote. He voted at Nealsville, in Adair county, if at all. I 
was in the county of Boyle during the election. 

A. WALTER IRVIN. 

Also the deposition of William Wollaston, taken by same party, 
at same Lime and place: 

By same. Do you know one Nicholas Walter, who voted in precinct 
No. 3, in Boyle county, for James S. Chrisman? If so, state what you 
know in regard to his residence in the State, county, and precinct 
where he voted, if he had any such residence. 

Answer. A short time before the election I had a conversation with 
him, and asked him where he had been living; he said he was living 
in Louisville. I asked if he was going back; he said he was, that he 
had come up here to attend to a little business. 

By same. How long had he been absent from Boyle county before 
he came back? 

Answer. I think he told me it was a year, or nearly a year. 

By same. Did he or not leave Boyle county with Rev. Stewart 
Robinson, who was going to Louisville to permanently reside; and 
did he not tell you that he might not ever return; how long after 
the election did he remain in Boyle county; where is he now ? 

Answer. 1 don’t know that he ever told me he was going to live 
with Rev. Stewart Robinson. He told me when he came back that 
he had been living with him. He left in a very short time after the 
election. I do not know where he is now. He claimed Louisville as 
his residence, in the conversation with me. I heard this morning 
that he was here in this conuty. 

W. WOLLASTON. 

Also the deposition of J. P. Brumfield, taken by same party, at 
the same time and place: 

By Mr. Anderson. Do you know how George Jones, who voted at 
the district No. 1, Boyle county, voted in the race for Congress at 
August election in 1859 ? 

Answer. My understanding from him always was that he had voted 
for W. C. Anderson; he told me before the election that he was for 
Anderson, and since that he voted for him. I don’t know how he 
voted. I was not present. I only know from his own statement 
how he voted. 

By same. Do you know one George Tate, who voted for Anderson 
at Perry ville, Boyle county, district No. 1? If so, state what you 
know in regard to his residence in the State, county, and precinct 
where he voted, prior to the election ? 


KENTUCKY CONTESTED ELECTION. 29 

Answer. I can’t say much about him. I know he has been living 
about there. 

By same. Which is a man of the most mind, Edward Jones, who 
voted for Anderson, or Henson Gee, who voted for Chrisman? 

Answer. That would be a hard matter for me to decide; I don’t 
think either of them ought to be allowed to vote. 

By Mr. Chrisman. Is not Edward Jones, who voted for Anderson, 
an idiot, so declared by the court, and now supported out of the 
public treasury ? 

Answer. I don’t think he is now; but I don’t know certainly. 

By same. Did you ever hear that Henson Gee was declared an 
idiot by any court; and does he not attend to his own business ? 

Answer. I never heard of his being declared an idiot by any court. 
He does attend to his own business, but I don’t think he is calculated 
to attend to any business. 

By same. Do you know James B. Royse and William P. Boyse, 
fan-makers at Haysville, in Marion county; if so, how long have you 
known them; where did they reside at the August election, 1859; in 
Haysville, or Columbia, Adair county, Kentucky, where they voted 
for Chrisman? 

Answer. I know James B. Royse and William P. Boyse, fan- 
makers. They reside in Haysville, Marion county, Kentucky. They 
came there either in August, or September, 1858. I can’t say they 
are there now; they were a few days ago. I do not know that these 
men voted in Adair county, nor do I know that these are the men 
whose names are recorded in the vote of Adair county. 

By same. Do you know Patrick Conly; is he a foreigner or a native- 
born citizen of the United States ? 

Answer. I know him. He is a foreigner by birth. I don’t know 
what his true name is. I went to Mexico with him, and his name 
was always called Conly. I heard the roll called two or three times 
a day, and it was always called Conly. 

By same. Do you know Michael Maho, who voted at Perryville, in 
district No. 1; is he a foreigner or native-born? 

Answer. I know him. He told me he came from Ireland; he is a 
foreigner by birth. 

By same. Do you know James Brennan, John Higgin, and William 
Staly; are they foreigners by birth, or native-born? 

Answer. I don’t know but one of them—Brennan. He claims to 
be a foreigner. I don’t know whether any of the persons I have 
spoken of as foreigners have been naturalized or not. 

J. P. BRUMFIELD. 

Also the deposition of Abraham Chemmons, taken by same party, 
at same time and place: 

By Anderson. Do you know how Richard Pendergrast, who voted 
at district No. 1, in Boyle county, Kentucky, voted for Congress at 
the August election, 1859? 

Answer. Ho told me before the election that he intended to vote 
for Anderson, and since, he told me that he did vote for him. I was 


30 


KENTUCKY CONTESTED ELECTION. 


not present when he voted, and do not know how he voted, except 
from his own statement. 

A. CHEMMONS. 

Also the deposition of R. H. Cecil, taken by same party, at same 
time and place: 

By Anderson. Do you know George Sumpter and John Horton, 
who voted at Monticello, in Wayne county, at the August election, 
1859, for Anderson? If so, state what you know in regard to their 
residence at the time of election. 

Answer. I suppose they voted in Wayne; they were at my farm in 
Mercer just before the election, and said they were going to Monti¬ 
cello, in Wayne county, to vote. They also stated, when they 
returned, that they had voted for Anderson. 

By same. Where did they claim their residence at the election ? 

Answer. Last February I was in Wayne county, and hired them to 
come down to Mercer county and work during the summer. They 
came down and worked until August; they then went up to Wayne to 
the election, and said they would return and work again for me. They 
did return and worked for me. Sumpter worked four days after his 
return, when I settled with him; he then went to a Mr. Davis’, in 
Mercer, to work, and is still Avith him at work for him. When I 
settled Avith him, he spoke of going home to Wayne to sow some 
Avheat. Horton is still at Avork for me. He told me tAvo weeks ago, 
when I started to Wayne county, that he would remain and Avork for 
me until I returned, and then he would go back to Wayne to live. 

By same. Where were Horton and Sumpter raised ? 

Answer. In Wayne. 

By same. Have you ever understood that they or either of them 
claimed any other home than Wayne county? 

AnsAver. No, sir. 

By same. Where did you remove to Mercer county from in Febru¬ 
ary last? 

AnsAyer. I removed from Wayne to Mercer last June, and purchased 
a farm in Mercer in January last. 

By Chrisman. Did not Sumpter live in Pulaski county at one time? 

AnsAver. I think he was in Pulaski part of the years 1857 and 1858*. 
I don’t recollect how long he remained there. 

By same. Where Avas he living Avhen you hired him to go to Mercer 
Avith you? 

Answer. He was living in Wayne. He had been in Wayne before 
I hired him some tAvo or three months. I hired him in Februarv 
1859. 

By same. Are not both Horton and Sumpter common day laborers 
and their home wherever for the time they may find employment ? 

Answer. They are both common day laborers. I think Horton has 
always claimed his home at his mother’s. Sumpter has always spoken 
of going home to his father’s; and their father and mother live in 
Wayne. They are grown young men and without families. 

R. H. CECIL. 


KENTUCKY CONTESTED ELECTION. 31 

Also the deposition of John Surcy, taken by the same party, at 
the same time and place, and for the same purpose: 

By Anderson. Did you vote at the last August election for repre¬ 
sentative in Congress between Anderson and Chrisman; if so, whom 
did you vote for ? How long have you resided in the State, county, 
and precinct where you voted ? 

Answer. I voted at the last August election for Mr. Anderson for 
representative in Congress. I had been in the precinct where I 
voted ever since last June a year ago. I have not been out of the 
State that I know of for the last eight or ten years. Year before last 
I was in Casey county, but generally my home has been in Boyle. 

By same. Have you a son named John Surcy; if so, how long had 
he been in the precinct where he voted at the last August election ? 

Answer. I have a son named John Surcy. I cannot state exactly 
how long he had been in the precinct where he voted in August. He 
never did move all his plunder out of the district where he voted. 
His wife was taken sick, or expected to be taken sick, and he moved 
his wife and some of his plunder into a different district, taking just 
what he thought she could get along with until she got on foot again. 
When he came back into the district where he voted, and had for¬ 
merly resided, it was sometime in the last of May or first of June. 
Whether he was a good voter or not I cannot say. 

By same. How long had he resided in the State and county ? 

Answer. He had been out of the State, but came back twelve 
months ago last Christmas, and has been living in the county ever 
since. 

By same. On which side of the Ridge road, running from Clein’s 
meeting-house to John Christeson’s, does Joseph Duncan, Lewis Dun¬ 
can, and Owen Bushell reside? 

Answer. They live on the right hand side of the Ridge road as 
you go from Olein*s meeting-house to John Christeson’s. 

By Chrisman. Has your son John a family; if so, of how many per¬ 
sons does it consist? 

Answer. He has a family consisting of himself, his wife, and child. 
The child was born sometime in the month of May last; I cannot 
say exactly what time. The child was born at his wife’s fathers, 
which is out of the district. 

And further saith not. 

JOHN SURCY. 

Also the deposition of Joseph McNeil, taken at the same time 
and place, by the same party, and for the same purpose: 

By Anderson. Are you the same Joseph McNeill who voted at Tur- 
nersville, in Lincoln county, for Anderson at the August election, 1859; 
if so, please state how long prior to the election had you resided in 
the State, county, and precinct where you voted ? 

Answer. I am the same Joseph McNeill who so voted. I have 
resided in the State all my life, and in the county and precinct where 
I voted ever since the 8th day of October, 1858. 

By Chrisman. Where do you now reside ? 


32 


KENTUCKY CONTESTED ELECTION. 


Answer. At Mr. Dillehay's, in Lincoln county. I went there about 
the 5th of October, 1859. I lived at Fred. Harris', on Isaac Shelby's 
farm, at the time I voted. I have no family. I work about wherever 
I can get such employment as suits me. I had not worked for any 
one else from the time I went to Harris' until the election. I had 
been away on transient business some four or five weeks before the 
election, but did not move my home. The absence I speak of was 
immediately preceding the election. I neither paid board at Harris' 
nor got pay for my services there while I was absent. My washing 
was there, and was done while I was gone. I left a good many dirty 
clothes there, which were made clean while I was gone. I did not 
stay over two nights at any one place while I was gone. My home 
for the time is wherever I have employment. I was absent on busi¬ 
ness exclusively for myself, and considered Mr. Harris' my home all 
the time I was gone. I moved from Harris' to Danville the day after 
the election, and since then I have not resided at Harris'. I have had 
no employment at Harris' since the period when I left on the trip. We 
had a settlement previous to my going on that trip. I told Mr. Harris, 
when we settled, that I was coming back to the election, and would 
consider his house my home until after that time, but he said nothing. 
So when I came back I went to his house and resided there until 
after the election, and paid for my washing after that time. I re¬ 
mained three or four nights at Mr. Harris' after I came back before 
the election. I came back to Mr. Harris' for the purpose of voting. 
The washing I paid for was that which was done while I was gone. 
I had no other home for the time being but Harris'. 

By Mr. Anderson : 

I stated the facts to the judges of the election at Turnersville, and 
after hearing the facts they took mv vote. And further saith not. 

JOS. McNEILL. 

Also the deposition of A. Blakeman, taken at the same time and 
place, by the same party, and for the same purpose: 

By Mr. Anderson. Do you know John S. Moore, who voted at 
Perryville, district No. 1, for Chrisman, at the last August election? 
If so, state what you know of his residence at the time lie voted. 

Answer. I know Mr. John S. Moore; his father resides in Lincoln 
county; he came to my house on the 9th day of May for the purpose 
of going to school, and on the 14th of August moved back to his 
father's; he left at the close of the session, which was about the time 
I have named; while he was boarding at my house, if he regarded 
my house as his home I did not know it; he had such clothing there 
as he needed; he came to my house for the purpose of returning 
home as soon as the session closed, which he did. 

By Chrisman: 

He came from his father's to my house; he is the son of David 
Moore, of Lincoln county; I have it on my books—the time he came 
to my house. 

By Anderson. Do you know anything of James Hunter, who voted 
for Chrisman at the same time and place; if so, what do you know 
about his residence ? 


KENTUCKY CONTESTED ELECTION. 


38 


Answer. I know there was a young man named James Hunter, 
who came into the neighborhood about the same time Moore did for 
the purpose of going to school; he went to school, but where his 
residence was then, or is now, I do not know. 

By Chrisman : 

I do not know how long he had resided in the county ; I know 
he did not reside in that precinct, because I know pretty much every 
man who lives in the precinct; he might have lived in some extreme 
part of the county, but my impression is he came from Garrard or 
Lincoln; I do not know the precise time he came into the precinct, 
but I think he came a few days before Mr. Moore did. 

And further saith not. 

AARON BLAKEMAN. 

Also the deposition of Churchill Yeager, taken at the same time 
and place, by the same party, and for the same purpose: 

By Anderson. What relation are you to Lee Yeager, who voted in 
district No. 3, Boyle county, for Anderson, at the last August election? 

Answer. He is a son of mine; I think he is now about twenty-two 
years old; he has lived in the State all his life; he went to Missouri on a 
visit to his brother, a year ago last winter, which is the only time he was 
ever out of the State; he was in Missouri only two or three months; 
I cannot say for certain whether he had been in the district where he 
voted sixty days next before the election or not; he is a carpenter; 
works from place to place, but always had his home at my house. 

By Chrisman. Was not your son, Lee Yeager, in Lincoln county 
at the election; and did he not demand to vote there ? 

Answer. He was in Boyle county at the election; came to my house 
the night before the election: he asked in Lincoln whether he would 
be allowed to vote there, and they told him no, and he then came 
home to vote. 

By same. Is not your son, Lee Yeager, unmarried ; is he not a car¬ 
penter by trade; and was he not at work in the county of Lincoln at 
his trade until the Saturday night preceding the election? If 
married, has he any children ? 

Answer. He is married, but has no children. He is a carpenter 
by trade. He was at work in Lincoln, and came home the night 
before the election. His wife was with him in Lincoln. He has no 
house or residence other than mine; and works wherever he gets em¬ 
ployment at his trade. 

And further saith not. 

C. YEAGER. 

Also the deposition of Grandison Glascock, taken at the same 
time and place, by the same party, and for the same purpose : 

By Anderson. Do you know Commodore Minor, who voted at the 
last August election at Rolling Fork precinct, in Casey county, for 
Chrisman ? If so, where did he reside at the time of the election ? 

Answer. I know him. His wife, at the time of the election, was 
over in Marion, and he had his washing done in Marion also. He 
II. Mis. Doc. 11-3 



34 


KENTUCKY CONTESTED ELECTION. 


attended a crop over in Casey ; but his wife and mother had a falling 
out, and he moved his wife and washing over into Marion county, to 
his father-in-law’s, some time before the election. I do not know his 
age. It was his first vote. They are still in Marion county; feeding 
his hogs in that county, and hauling his corn from Casey to his father- 
in-law’s. He makes that his home, and has all the time. 

By Chrisman: 

He was raised in Casey. His wife moved from there, and he 
moved his clothes into Marion, which was all he had to move. He 
worked in Casey, and went to his father-in law’s, in Marion, where 
his wife was, every Wednesday and Saturday evening. He went 
off, some four or five months before he was married, to Illinois or 
Missouri. Came back and married; his wife and mother fell out, 
and she went to her father’s in Marion, and he went there on 
Wednesday and Saturday nights; and has never been absent from 
Casey county, except as above stated, so far as I know. I have 
heard him claim Marion as his residence since the election, but never 
before. He had been out of Casey into Marion too long before the 
election to have a vote. This absence from Casey I speak of is the 
absence when he w r ent to see his wife, and to Illinois' or Missouri, 
He went to Illinois or Missouri, and was not back twelve months 
prior to the election. He told me before he started that he was not 
coming back any more. He was gone, to the best of my knowledge, 
between five and six months; may be over that; but I don’t think it 
was under five months anyhow. 

By Anderson. Do you know James B. Royse and William P. Royse, 
fan-makers, at Haysville, Marion county, who voted at Columbia, 
Adair county, for Chrisman, at the last August election? If so, 
where did they reside at the time of said election, and where do they 
reside now? 

Answer. I know them both. They resided at James Crowdus’, 
above Haysville, in Marion county, at the time of the election. James 
B. Royse resides there yet; and I do not know where William is at. 
I understand he has gone to some of the upper counties. They came 
to Haysville about the 15th of December or January last, and had 
their washing and all done at Crowdus’; claimed that as their home, 
and worked there eight or ten months, (at Haysville,) where they had 
their shop, and boarded at Crowdus’. I heard them both say after 
the election that they had voted at Columbia for Chrisman. 

By Chrisman: 

They had never been absent from Haysville, except when they 
were out peddling their fans. When they got a load made up, they 
would take them and peddle them out. I have resided in Boyle 
county, about four miles from Haysville. Within the sixty days 
preceding the election 1 know I was in Haysville twice a week 
anyhow, if not oftener. I never missed both of them from Haysville 
at anv time preceding the election. One of them worked at the 
shop and the other peddled the fans. 

And further saith not. 


G. GLASCOCK. 


KENTUCKY CONTESTED ELECTION. 


35 


Also the deposition of Wm. H. Prewitt, taken at the same time and 
place, by the same party, and for the same purpose: 

By Anderson. Were you one of the judges at the August election, 
1859, at precinct No. 2, in Boyle county? 

Answer. I was. 

By same. When John Hoggin, a foreigner, voted, did he or not 
exhibit any papers to the officers of election ? 

Answer. He did not. 

By same. Were you present when Wm. Staley, a foreigner, voted; 
if so, did he exhibit any papers? 

Answer. If he voted I have no recollection of it; he did not vote 
while I was present at the polls. I know that Hoggin is a foreigner, 
for he told me so, and Staley told me he was also. 

By Chrisman: 

I asked Hoggin if he had his papers, and he said he had; 
but just turned off—did not show them. I know he did not have 
fiis papers in April, for he told me he did not, and that there was 
some difficulty about his getting them at Lexington. If either one 
of the men named have any papers I never saw them. 

By Anderson: 

I do not know exactly how long A. Fulkerson, jr., had been 
in Perryville before the election. I know there was a dispute 
about whether he had been in the county long enough to entitle 
him to act as clerk of the election, and it was decided that he had, 
by claiming his father’s as his home. His father claimed also that his 
home was with him. His father had sold out and broken up house¬ 
keeping, and was then a boarder—both boarding at Gregg’s. Before 
his father sold out he lived in district No. 1. Gregg’s is in district 
No. 2. A. Fulkerson, jr., is gone from Perryville a great deal; he is 
not there more than half his time. He had not been in the district 
long enough to vote in it, except by claiming where his father boarded 
as his home. 

By Chrisman: 

A. Fulkerson, jr., gets a little crazy occasionally, and wanders 
off. So far as i know he always returns to Perryville. When 
he is in a crazy spell his family sends for him and has him 
brought back to Perryville. He was gone once eighteen months, I 
believe. His father has always lived in Perryville since I knew him, 
and he has always lived with his hither when in Perryville. He lived 
in Somerset, about two years ago, some five or six months. When the 
sheriff was trying to get a clerk, the subject of Fulkerson’s qualification 
to act as such came up; his father, whose politics are the same as Mr. 
Anderson’s, and who voted for him, said his son was qualified to act, 
and that he had always claimed his home with him when in Perryville. 
Young Fulkerson has no property, and his father pays his board. 

By Anderson: 

I know A. Fulkerson, jr., lived in Louisville, I understood at the 


36 


KENTUCKY CONTESTED ELECTION. 


Journal office, some time. He was also a short time in Danville, 
acting as deputy clerk for Bolling. 

By Chrism an: 

In 1846 he was sent to the lunatic asylum, and also about 
three years ago he was sent there again. Some time last spring 
or summer he wandered off again, and they caught him out about 
Somerset somewhere. At the time of the last August election his 
mind was as clear as I had ever known it to be since he commenced 
having his spells. He conducted the election very well for an inex¬ 
perienced clerk, but not quite as well as I expected him to do, he 
having done so much writing. Squire Fulkerson, his father, had 
lived in the precinct in which he voted sixty days before the election. 

By Anderson: 

B. W. Moss made application to vote, at precinct No. 2, at the 
last August election ; his vote was rejected by the officers by the 
casting vote of the sheriff. He came into the precinct, I think, some 
time in March before the election ; he was working about in town, 
and boarding at Gregg 7 s ; he was out in Illinois about a year ago, 
but I do not know for what purpose j he claimed Gregg 7 s as liis 
residence, and Perryville as his home ; said he had always lived 
there and voted there, and claimed to have a vote there, as he had 
never voted anywhere else j he, or his wife, owned property in 
Perryville ever since I could recollect. They had a difficulty, as I 
understood, and she went off and left him near two years ago j she 
left part of the children in Perryville, and they have been there ever 
since, and their father has been there with them most of the time. 
One of them is now married, and living out in the country ; and 
the other, who is about thirteen years old, lives at John Barker 7 s. 
He was an old line whig, and since then has been with the opposition ; 
he told me, after the election, he would have voted for Anderson. 

By Chrisman: 

3\Joss was up at Crab Orchard a while ; he would lay around where 
his wife was sometimes until she would drive him off; he is now in 
Perryville, or was yesterday. 

And further says not. W. H. PREWITT. 

Also the deposition of Robert H. C. Mitchell, taken at the same time 
and place, and by the same party, and for the same purpose. 

Interrogated by Anderson: 

Says Richard Pendegraft told him, the morning of the last August 
election, that he was going to vote for Anderson. I saw him in the 
evening of the same day, and he told me he had voted for him. I 
came to Danville, examined the poll-books, and found his vote was 
not recorded for either Anderson or Chrisman. I saw him after¬ 
wards, and told him he was not recorded for either of them, and he 
said the clerk had made the mistake, for he had voted for Anderson. 

By same. Do you know Samuel Goode, who voted at precinct No. 


KENTUCKY CONTESTED ELECTION. 


37 


1, in Boyle county, for Chrisman ; if so, state what you know about 
his residence ? 

Answer. I know Samuel Goode ; he has been living in Harrods- 
burg for about three years; clerked in Smedley’s drug store a while 
in that town, and then went to school there ; he came back to Boyle, 
about the 22d or 23d of July, after the school was out; I know he 
had not been back sixty days before the election ; he told me he was 
going back to Harrodsburg to school as soon as the school com¬ 
menced. 

And further saitli not. 

R. H. C. MITCHELL. 

Also the deposition of John Durham, taken at the same time and 
place, by the same party, and for the same purpose : 

By Anderson. Do you know James T. Haley ; if so, how long have 
you known him? 

Answer. I know T him ; I have known him for five or six years. I 
think, for about eighteen months before the election; he claimed Wm. 
Yates’ as his residence, had his washing done there, worked for 
Yates, and claimed to me that that was his home. Mr. Yates and 
Mrs. Yates both reside in district No. 3, in Boyle county, where 
Haley voted. 

By Chrisman. Where is James T. Haley now ; and when did you 
last see him ? 

Answer. I do not know where he is ; I am not after him ; I heard 
he was up at Adam’s mill ; I know, at the time of the fuss about his 
vote at the election, he said he would have to go up to Yates’ to get 
his clothes, that they were all there. He always claimed Yates’ 
before that as his residence ; had his washing done there, and boarded 
there. The last time I saw him was three days after the election ; 
he told me then he was going to William Yates’ after his clothes. 

By same. Were you not examined as a witness before the grand 
jury of Boyle county, which sat on the Wednesday succeeding the 
election, touching this vote of Haley; and did not the grand jury find 
an indictment against him for illegal voting, at the last August elec¬ 
tion, upon your testimony ? 

Answer. I think not; if so, they put it down wrong. I told the 
grand jury that he claimed Yates’ as his home, and was very particu¬ 
lar about it. 

By same. Give the whole of your statement to the grand jury as 
you now recollect it. 

Answer. I said that Jim Haley and Jim Wilson got into a little bust 
on the day of election, before Hewey’s grocery, and Jim Haley drew 
a pistol on him; whether he bursted a cap at him or not, I cannot tell; 
he snapped his pistol at him anyhow. If I gave any testimony to the 
grand jury about Haley’s vote, I don’t recollect it. They asked me 
where his residence was, and I told them at Will Yates’, who lives in 
gunshot of Mrs. Yates. 

By Anderson. Do you know what has become of Abel Reeves, who 
voted at district No. 3, in Boyle county, at the last August election ; 
if so, what do you know about his residence, &c. ? 


38 


KENTUCKY CONTESTED ELECTION. 


Answer. I know he came along last winter, shortly after I went on 
the Hustonville pike. He hired to work at Wiley Tye's, and worked 
there a while, and then went off, but I do not know where to. He 
said he was hunting work, when he came to my house. I have seen 
him once or twice since the election, about a week after. He staid 
all night at my house awhile before the election. We talked about 
the election, and he said he was only going to give two votes, and 
they would be for Bell and Anderson. I saw him after the election, 
and he said he had voted for Bell and Anderson both. And further 
saith not. 

JOHN DURHAM. 


Adjourned until to-morrow, 
past 8 o'clock. 


Saturday, October 22, 1859, to half- 
SPEED S. FRY, P. J. B. <7. 


Met pursuant to adjournment. 

Also the deposition of Lee T. Yeager, taken by the same party, on 
the 22d day of October, 1859, and at the same place : 

I am the same Lee T. Yeager who voted at the last August election 
for W. A. Anderson. I have resided in the State, county, and pre¬ 
cinct in which I voted, ever since I was born. I was over twenty - 
one years of age when I voted. 

By Chrisman: 

I am a married man and without children. I am a carpenter 
by trade, dependent upon my labor for a support. I was work¬ 
ing on a building in the county of Lincoln, which I had under¬ 
taken before the election. I was there at work fifty days before the elec¬ 
tion; immediately preceding the election I came down to Boyle county, 
on Saturday evening preceding the election. My wife went to Lin¬ 
coln with me, when I went up there to work, and we have boarded 
up there all the time. I was there at work. I returned to Lincoln 
the next week after voting, with my wife, and have been there ever 
since at work. I have not finished the work yet. 

By Anderson: 

I never regarded any other place as my home except my father's, 
and have never voted in any other precinct except the one in which 
I voted at the August election. It was the first time I ever had voted. 
I went to Lincoln for a mere temporary purpose, and never regarded 
any other place as my home except my father's; and my father's house 
is in the district in which I voted. 

By Chrisman: 

I made a contract for my board and that of my wife, in Lincoln 
county, and expect to pay it; not in money, but in work; and I will 
go to housekeeping next week, or the week after, in Lincoln county. 

LEE T. YEAGER. 

Also the deposition of Wm. R. Boice, taken by same party, at same 
time and place: 


EENTU KY CONTESTED ELECTION 


39 


By Anderson: 

I am the uncle of Geo. N. McNeil, who voted for Anderson at the 
last August election, and whose vote is challenged by Chrisman. He 
lias never been out of the State at any time more than two years, and 
has been back about four years. lie has been in the county and pre¬ 
cinct in which he voted for the same length of time, and he claimed 
his residence in the precinct in which he voted at the August election. 

By Chrisman: 

If he took any there at that time I do not know it. He went up to 
Lancaster, as he said, to open a grocery; but said he did not intend 
to move up until after the election; but in fact went on Friday before 
the election. He is a single man. He is a grocer, and went to Lan¬ 
caster to sell groceries, and was selling when I was up there. On 
Sunday preceding the election his brother went to Lancaster for him, 
and when he returned to Lancaster I don’t know. 

By Anderson. Did you ever hear James S. Chrisman say anything 
about what would be the effect of his defeat in the contest; did he 
say anything about mileage and compensation? 

Answer. He said he would get his mileage; he would get his pay. 

By Chrisman. Did you go to Frankfort at any time since the last 
August election, and before the certificate was issued to Mr. Ander¬ 
son; if so, at whose instance did you go; with whom did you go; and 
for what purpose did you go ? 

Answer. I went to Frankfort after the August election, and before 
the certificate of election was issued to Anderson. I went at the in¬ 
stance of Alexander H. Sneed. I went to Frankfort for no purpose 
except to be in company with Mr. Sneed. 

By same. For what purpose did Mr. Sneed go to Frankfort? Did 
you hear him say ? 

Answer. He said he was going down to see James Harlan; he did 
not say for what purpose. 

By same. Have you an idea for what purpose he went, and how did 
you get that idea ? 

Answer. I have an idea as to what he went for. He went down to 
see about Anderson’s certificate. 

By same. What time of day did you leave Danville; what day of the 
week; what time did you reach Frankfort; and how far is it from Dan¬ 
ville ? 

Answer. I left Danville between 1 and 2 o’clock on Sunday, and 
reached Frankfort that night about o’clock; the distance is forty- 
two miles. 

By same. Had any news reached Danville that morning of the dis¬ 
covery of a mistake in the vote of Cumberland county, by which, if 
corrected, Chrisman would be elected? 

Answer. Yes; I heard of it. I heard it, I believe, from Judge 
Branlett. 

By same. Was your visit to Frankfort on that day connected with 
the information you received in the morning; and was not your visit 
to Frankfort the result of that information ? 

Answer. I had no business at Frankfort except to go with Mr. 
Sneed. I never spoke to James Harlan or Mason Brown on the sub- 


40 


KENTUCKY CONTESTED ELECTION. 


ject, and nobody told me to say anything on the subject. I had a 
conversation with Col. James H. Garrard on the subject. 

By same. Was Mr. Anderson in Danville when you started to 
Frankfort; and if not, where was he? 

Answer. He was in Louisville, 1 reckon. 

By same. Did you see Mr. Anderson in Frankfort whilst you were 
there; and if so, at what time did he reach Frankfort from Louisville, 
and in whose company did he come ? 

Answer. He came up from Louisville to Frankfort on Monday in 
the cars, and reached there about 10 J o’ clock. I do not know who 
came up with him. 

By same. Have you not heard Mr. Anderson say that Governor 
Movehead came up on the same train with him ? 

Answer. I have. 

By same. When yourself and Mr. Sneed reached Frankfort, did 
you inquire for any particular person? 

Answer. I did not. Mr. Sneed went out and did not return for an 
hour. I do not know whether he inquired for any one or not. 

By same. Do you know whether any information, by telegraph or 
otherwise, was sent to Mr. Anderson or Governor Morehead, that you 
were in Frankfort; or did Mr. Sneed tell you so? 

Answer. I did not. Mr. Sneed did not tell me anything about it. 

By same. Was not the object of your visit to Frankfort to antici¬ 
pate the report of the discovery of the mistake in Cumberland before 
it could reach there, and to obtain the certificate for Mr. Anderson? 
And did you not immediately on getting out of the stage at Danville 
on Monday night, say that your object was accomplished, and that 
Mr. Anderson had got the certificate; that you saw him with it? 

Answer. I answered that question before, and said I had no busi¬ 
ness in Frankfort except to go down with Mr. Sneed. I never saw 
Mr. Anderson get any certificate. I did say when I returned to 
Danville, that I had seen Mr. Anderson get the certificate, and that 
I and Mr. Anderson had taken a drink over it. The reason I said so 
was, that I understood that D. W. Jones, M. J. Durham, M. T. Chris- 
man, and James S. Chrisman were going to Frankfort that night. 

By same. Did you not say to M. T. Chrisman, whilst alighting from 
the stage, that Anderson had got the certificate ? 

Answer. Yes, I did. 

By same. Had you conversed with any person in or from Danville, 
before you made that communication to me ? 

Answer. I met some gentlemen about a mile from town, who stop¬ 
ped the stage, and asked me who had obtained the certificate. I told 
them that Anderson had it. They then said the democratic party 
was going down to Frankfort that night, and had learned the mistake. 
I also understood that M. J. Durham had gone out to A. G. Talbott’s 
directly after I had started to Frankfort. I don’t know for what 
purpose. 

By same. Did you not tell M. T. Chrisman that the reason why you 
made the false statement about the certificate on your return was 
that you were ashamed to confess that the object of your visit to 
Frankfort was fruitless ? 


KENTUCKY CONTESTED ELECTION. 


41 


Answer. No, I did not. 

By same. Why did you desire to prevent the friends of Chrisman 
from going to Frankfort, and why did you say that Anderson had got 
the certificate if that subject had never been spoken of to you ? 

Answer. I did not want to keep them from going. I told them 
that Anderson got the certificate because it suited me, and I wanted 
to tell it. 

By same. Was the matter of Anderson’s getting the certificate 
ever alluded to in your presence from the time you left Danville till 
your return to that place from Frankfort; and if so, by whom? 

Answer. It was; it was alluded to in the stage, and Colonel James 
H. Garrard alluded to it in Frankfort, and said that Anderson was 
elected by three votes upon a comparison of the poll-books. I sup¬ 
pose Mr. Sneed spoke to me about it; but I don’t remember. We 
talked about a great many things. 

By same. For whom did you vote in the election; and have you 
not been driving Mr. Anderson about through the country since the 
election ? 

Answer. I voted for Mr. Anderson to beat the democratic party, 
and think I did my God and country justice in doing so. I have 
been driving Mr. Anderson about over the district before and since 
the election. 

By same. Please assign a reason why you think you and they are 
doing God’s service. 

Answer. That is one way I had to serve my God, to beat that 
party. 

By Anderson. What is the politics of James S. Chrisman, D. W. 
Jones, A. G. Talbott, M. J. Durham, and James II. Garrard? 

Answer. Democrats. 

By same. What akin to James S. Chrisman is M. T. Chrisman? 

Answer. Brother. 

By same. Did or not Colonel Garrard, who is a democrat, and 
holds the office of State treasurer at Frankfort, say in the conversa¬ 
tion you have spoken of having with him that a mistake of four votes 
had been certified to the board at Frankfort, which four were to the 
prejudice of Anderson, and that his opinion was that the board had 
no right to receive amended returns, and it would be improper for 
them to certify any such mistakes ? 

Answer. He did. 

By same. When you returned from Frankfort, on Monday evening, 
did you or not see James S. Chrisman in Danville on his way to 
Frankfort ? 

Answer. I saw him here, and he said he was going to Frankfort ? 

By same. Did he or not go to Frankfort before the certificate did 
issue and remain there until after it was sent to Anderson ? 

Answer. He went down that way somewhere, but I don’t know 
where. 

By Chrisman. Did not the friends of Mr. xinderson, so far as you 
heard them say, insist upon receiving the amended returns from 
Boyle in Mr. Anderson’s favor ? 


42 


KENTUCKY CONTESTED ELECTION. 


Answer. I don’t recollect about that. I heard Mr. Ball, a friend 
of Mr. Anderson, say they would not receive them. 

By same. What persons besides Mr. Sneed knew of your intention 
to visit Frankfort on the day spoken of? 

Answer. Nobody, I reckon; I didn’t tell anybody. 

By same. Do you know of an illegal vote having been cast for Mr. 
Anderson at the last election ? 

Answer. I do not. 

W. B. BOICE. 

Also the deposition of W. A. Harness, taken by same part} 7 ", at the 
same time and place. 

By Anderson: 

I am acquainted with John S. Moore. He is the son of David 
Moore, of Lincoln county. I have known him since he was born, 
and have never known him to live anywhere else except at his 
father’s, in Lincoln county. 

By Chrisman: 

I did not see him for sixty days prior to the last August election. 
I do not know where he resided at that time; but understood from 
his mother that he was going to school at Parksville, in Boyle 
county. I also heard it from other members of the family. He is 
twenty-one years of age, and was raised in Kentucky. 

By Anderson: 

He claimed his home at William Gates’, in district No. 3, Boyle 
county, where he voted. He was in jail here some time before the 
election, and then claimed that as his home; and when he got out of 
jail he said he was going home to get some clothes. 

I have known C. P. Springer since the year 1846. I saw him 
three years ago this fall in the city of Louisville, and he told me he 
was living there then. He has never moved back to Boyle county, to 
my knowledge. He was working about here for about two months 
before the election. I have not seen him since the election. I 
understand he is a married man. I never saw his wife. 

B}’ Chrisman: 

Whilst he was here I saw him at his father’s; and whilst he was at 
work in town I saw him bring his dinner in a little bucket to town 
with him. His father resides in the district in which he voted. He 
is a mechanic. 

By Anderson: 

I had a conversation with him in Danville in regard to the countv 
race between Sneed and McFerran. He remarked that he had some¬ 
thing to tell Sneed, but he did not like to do so; he was not a voter here; 
that his father was a voter, and he not; that he lived in Louisville. 

By Chrisman : 

I do not know when he left Louisville. He came here some months 
before the election. 

By Anderson: 

I know Charles Tars by sight. He voted in Boyle county, district 
No. 4, for James S. Chrisman. He is a foreigner. He exhibited no 


KENTUCKY CONTESTED ELECTION. 


43 


naturalization papers when he voted; he was sworn. I do not know 
how long he had been here before the election. I do not know where 
he is now. I have not seen him since the election. I think he left the 
next morning after the election on the Lexington stage. I know he had 
not been here very long before the election, but don’t know how long. 

By Chrisman : 

He spoke in a broken manner. He is a baker by trade, or so I under¬ 
stood. He is a day laborer, and dependent upon it for a support, so 
far as I know. I suppose the place where a daily laboring man has work 
is his home for the time. The gentleman with whom he worked lives 
in Danville, within two hundred yards of the court-house, and knows 
more about him than I do. I know that Frank O’Neil and James Fitz¬ 
simmons are foreigners. I have been jailer for Boyle county for five 
years, and have lived in the county fifteen years. I live in district 
No. 3, Boyle county. I do not know any such man in that district as 
Henry White. 

By Chrisman : 

I do not know whether Frank O’Neil has any relations in this coun¬ 
try or not. I did hear him and James O’Neil claim to be brothers. 
James O’Neil voted for W. C. Anderson, and is also a foreigner. 

By Anderson: 

I heard A. G. Talbott, jr., say that he had been living in Missouri. 
I do not know how long he had been here before the election. He 
had not been here as much as one year. 

By Chrisman : 

He is a young unmarried man, the son of A. G. Talbott, resid¬ 
ing in the vicinity of Danville. All the time I have known him 
in Kentucky he has resided with his father. I heard him claim 
Missouri as his home ; he said he was living there. I haven’t seen 
him since shortly after the election, and I suppose he is away from 
the county now. When he told me about his living in Missouri 
I don’t recollect. It may have been a year ; it may have been more ; 
it may have been less. He said he was pleased with Missouri. He 
has been travelling backwards and forwards between Kentucky and 
Missouri for some three or four years past, between his father’s resi¬ 
dence and some property I understand his father owns in Missouri. 

W. A. HARNESS. 

Also the deposition of E. McNair, taken by same party, at same 
time and place : 

By Anderson : 

I am the same E. McNair who voted at Somerset at the last August 
election. I mean Somerset in Pulaski county, Kentucky. I have 
been in Kentucky a little more than four years. I got to the Somer¬ 
set district in Pulaski county on the 6tli day of May last. 

By Chrisman : 

I went from Danville to Somerset. I was residing in Danville 
previous to going to Somerset, and had been all the time I was 


44 


KENTUCKY CONTESTED ELECTION. 


in Kentucky, except three or four months. I had been going to 
school in Danville, claiming Danville as my residence up to the 
time I left it. I left Somerset about the 12th of September last; I 
went to Somerset to preach. I had made no engagement as to the 
time I was to preach, except generally for the summer. I went there 
to preach during the summer, intending to leave after the summer 
was over. It was my only residence for the time, but I went there 
to stay during the summer, intending to leave after the summer was 
over. My residence there was merely temporary. I returned to 
Danville after I left Somerset, and am now residing in Danville. I 
am still a student in the Theological Seminary in Danville. It was 
not my intention when I first entered the seminary in 1857 to remain 
until i graduated. I did not know, when I left last May, whether I 
would return again or not. I left last May when the session was out, 
and the vacation was the cause of my absence, and returned as soon 
as the school was taken up. 

By Anderson: 

When I left last May to go to Somerset I did not know whether I 
should return to Danville or not. Whilst I was in Pulaski I regarded 
that as my home. I had no other home at the time. 

By Chrisman: 

I only regarded it as my home whilst I was there, and intended to 
leave. 

E. McNAIR. 


Also the deposition of John Horton, taken at the same time and 
place, and by same party: 

By Anderson: 

I am the same John Horton who voted for W. C. nderson, in 
Wayne county, Kentucky. I was 21 years of age at the last August 
election. Was born and raised in the county of Wayne. I never 
moved out of Wayne county for the purpose of remaining out. I 
always claimed that as my home. I voted in the Multen Town district. 
My mother resides in that district, and I consider her home my home. 
Whenever I left Wayne county I only left to work, and kept my 
home at my mother’s. My absence was merely temporary. 

By Chrisman: 

I am not a married man. I have lived part of the last twelve 
months in Wayne and part in Mercer county. I went to Mercer in 
February last and have been there ever since, except some seven or 
eight days, when I went up to Wayne county to vote, last August. 

I have have been living with R. W. Cecil, working on his farm in 
Mercer. I am hired to Cecil as work hand upon his farm, being paid 
by the month. No one requested me to go to the county of Wayne 
to vote. I paid my own expenses in going to vote. 

I have settled with Mr. Cecil since my return. He took out of my 
pay for the days I was absent in going to Wayne to vote. I have 
voted before the last August election, and voted in the same precinct 
in Wayne coninty. 


KENTUCKY CONTESTED ELECTION. 


45 


I am going to work for Cecil a few days longer. I am a dailv 
laborer, and dependant upon that for my support. 

By Anderson: 

When I left Wayne to go to Mercer with Cecil, I did not give up 
my residence in Wayne, and still claim my residence there. 

I know George Sumpter, who went with me to Wayne from Mercer 
to vote. He said he voted. We left Wayne in the winter, together, 
to work for Cecil in Mercer. He was also hired by Cecil to work, as 
I was, by the month. Sumpter does now claim Wayne as his resi¬ 
dence. I never heard him claim any other place as his residence. 
I suppose his father lives in Wayne, 

By Chrisman: 

He is also a daily laborer. I do not know whether he is in Mercer 
or not. I saw him a few da} r s since j he was going somewhere, but 
I do not know where. It is, however, near to where Cecil lives in 
Mercer county. He has no family. I think he paid his expenses to 
go to Wayne to vote at the last August election. 

JOHN HORTON. 

Also the deposition of George Beddow, taken at the same time and 
place, by the same party, and for the same purpose : 

By Anderson : 

I am the same George Beddow who voted at Crab Orchard, 
in Lincoln county, for Anderson, at the last August election. I 
have lived in Kentucky, going on twenty-three years. 1 have 
lived in Lincoln county for several years—ever since I can recollect. 
I have lived in the Crab Orchard precinct of that county all the time 
I have been in the county. When I voted at Crab Orchard, in Au¬ 
gust last, I regarded that as my home, and so regard it yet. I have 
never regarded any other place as my home. My father lives there ; 
I have never voted in any place else ; I voted there in May and Au¬ 
gust last, which is all the voting I have done. I was twenty-two 
years old, I think, the 16th day of last September. 

Cross-examined . 

By Chrisman: 

I am a mechanic, a carriage trimmer. I came to Danville, I 
think, last February — a year ago—1858 ; I came here to learn 
a trade ; I have not been here all the time, though ; I have been 
living at Crab Orchard three months of that time ; I left here 
in March, and came back some time in June; I worked some at 
my trade while up there ; I am now engaged at work, and have been 
ever since the election, in the town of Danville ; I have no family ; 
I am not engaged in Danville for any particular time—only from 
Monday morning till Saturday night; I am dependent upon my daily 
labor for a support ; I have been up home since June last, but have 
generally been in Danville since that time. 

Examination resumed. 

By Anderson : 

Danville is in the same congressional district as Crab Orchard. I 



4G 


KENTUCKY CONTESTED ELECTION. 


suppose I could have voted for Anderson as well at Danville as at 
Crab Orchard ; I went to Crab Orchard to vote because I regarded 
that as my home, and my proper place of voting. 

By Chrisman : 

I went up to Crab Orchard to vote, on Saturday night before, 
and came hack on Tuesday after, the election. I don’t know that I 
consulted with anybody about where I should vote. I believe I did 
consult with Mr. Sneed, who wanted me to vote here, so that I could 
give him a hoist, but I told him I regarded Crab Orchard as my home. 
I have no property in Crab Orchard ; I treat it as my home because 
my father lives there. I have as much property there as anywhere 
else. My father recognizes that as my home, and I am treated as at 
home when there. And further saith not. 

GEORGE G. BEDDOW. 

Also the deposition of James H. Williamson, taken at the same 
time and place, by the same party, and for the same purpose: 

Examined by Anderson : 

Says I am sheriff of Boyle county, and have been for some time past 
acting as constable. I have a pretty general acquaintace in this end of 
the county, particularly in district No. 3. I know no such man in that 
precinct as Henry White; never have known such a man. I know C. 
P. Springer. I know he has been living in Louisville for four or five 
years, I think. He was keeping house there once when I was there, 
and he has told me frequently since that he was living there still. 

Cross-examined. 

By Chrisman : 

Mr. Springer is a married man. He was in this county for the sixty 
days preceding the election, at his father’s. His father lives in the 
same precinct in which he voted. He is a painter by trade. I do not 
know whether his wife was with him in the county of Boyle or not. I 
never saw her. 

Examination resumed . 

By Anderson : 

I know James T. Haley. He claimed his residence, at the time of the 
last August election, at Yates’—I think at Mrs. Yates’. Wm. Yates 
and Mrs. Yates live close together—not more than a hundred yards 
apart—both in district No. 3, where Haley voted. I know Wm. 
Beazley, a mute, a painter by trade. I have known him three or four 
years. He has been in this county all that time, so far as I know, 
except when he was off painting. I know he has voted here. He voted 
here last August; was a year ago. I don’t know of any other time. 

By Mr. Chrisman : 

Beazley, for the last year, has been residing in the lower end 
of the county with Mr. Crowder. I do not know that he has 
been in the county continuously for twelve months. I have 
seen him very frequently in the last twelve months in the county. I 
cannot tell whether there are twenty men at Perrvville who know 
more about Beazley’s residence than I do or not. He has been living 


KENTUCKY CONTESTED ELECTION. 47 

ten miles from me, near to the village of Perryville. I have not had 
my attention particularly called to his movements in the last twelve 
months or two years, and he may in that time have been out of the 
county and State without my knowledge. 

By Mr. Anderson : 

The reported majority in this county for Anderson before the com¬ 
parison of the polls was 490. 

By Mr. Chrisman: 

The majority for Anderson, as certified after the polls were compared, 
was 486. I got information the night of the election that the ma¬ 
jority was 490. 

By Mr. Chrisman. When, after the votes were counted by the county 
officers and reported by them at 486, did you first learn that Mr. An¬ 
derson claimed that his true majority was 490 ; and how did you learn it? 

Answer. They compared the polls on Thursday after the election. 
Until that time, everybody was under the impression that the ma¬ 
jority for Anderson in this county was 490. I heard, the first of the 
succeeding week, Monday morning, I think, after I came to town, 
that there had been a mistake discovered in the majority certified, 
that they had certified four votes less for Anderson than there really 
was. I heard it in town from some person, I don't know who. It 
was the general talk in town when I came in. 

By same. Were you ever present at any examination of the poll- 
books after the election, and outside of the clerk's office? 

Answer. Never, sir. I never saw the poll-books outside of the office. 

By same. Do you know of any vote being cast for Mr. Anderson, at 
the last August election, which you believe to have been an illegal vote ? 

Answer. I do not know of any which, from the circumstances and 
facts I have heard, I believed to be illegal. 

By same. Do you know of any votes which, from your personal 
knowledge of the facts, were illegal? 

Answer. I do not. 

And further saith not J. H. WILLIAMSON. 

Also the deposition of Henry Hamilton, taken at the same time and 
place, by the same party, and for the same purpose : 

Examined by Anderson. 

George D. Masonheimer and myself married sisters. He voted here 
at the last August election in district No. 3. His wife left Columbia, 
Adair county, about the first or middle of May last. Her boxes of 
bed clothing, &c., were marked to my care, and I opened one of the 
boxes before I knew what they were. When she came up she told me 
she had left there permanently ; she did not expect to go back again. 
Masonheimer claimed this as his home at the election. His family had 
all been here more than sixty days before the election. They came 
all together. He went back to wind up his business, with the ex¬ 
pressed intention of returning here, and his family staid here all the 
time he was gone. He has been in the State about six years, I think. 

Cross-examined by Chrisman 

I think Masonheimer came up with his wife in May ; that is my recol- 


48 


KENTUCKY CONTESTED ELECTION. 


lection. His wife told me, in speaking of her plunder, that she did not 
expect to go back again. He told me, also, that he expected to leave 
Columbia, as this was his home, as soon as he wound up bis business in 
Columbia. He stated to me, before the election, that he would have 
voted in Columbia, but he thought he was not entitled to vote there. 
When he came up in May, he remained here several days, I do not 
recollect how long. He went back to Columbia to wind up his busi¬ 
ness, and to finish what work he had on hand, I suppose. He came 
back to Danville a week or such a matter before the election—I don’t re¬ 
member what day. He had been living in Columbia one or two years ; 
perhaps longer. He is a shoemaker by trade. He is now in Danville, 
and, I expect, is better informed in regard to the facts than I am. 

By Anderson : 

Columbia is in the same congressional district as Danville, and 
Masonheimer could as easily have voted for Anderson there as here, 
if he had been entitled to vote there. 

And further saith not 

H. HAMILTON. 

Also the deposition of John F. Virden, taken by same party, at 
same time and place : 

By Anderson : 

I know a man by the name of Martin; the same man who worked for 
Dr. E. P. Humphrey, in Danville. I never had any conversation with 
him about his right to vote here. I asked him if he had come back 
here to stay. He said he had not. He said he had some unsettled busi¬ 
ness here which he had come to attend to. I think he came back here 
some time in July last, a short time before the election—less than sixty 
days before. He had been absent from the county, at that time, some 
time; I think over a year—may be two years. He left the county 
shortly after the election. At least I saw him on the stage, and he 
told me he was going to Louisville. I do not know that he is now in 
the county. Dr. Humphrey, with whom he worked, I believe is now 
in the town of Danville. 

By Anderson : 

I know A. Gr. Talbott, jr. I know he has been absent for some time, 
but whether from the State or not, I cannot say. I have heard him 
speak of being in Missouri. I know nothing of his being with a trav¬ 
elling circus. I heard he was with a circus as a clown, out there at 
some place. 

By Chrisman : 

A. Gf. Talbott, jr., is a young man unmarried, and when in Boyle 
county, lives with his father in the 4th precinct. 

By Anderson: 

I know Wm. Beazley, a mute, painter ; I have known him six or 
eight years ; six years anyhow. He has been painting around and I 
have seen him frequently here, but do not know anything about his 
residence. He may have been out of the State, in twelve months, for 
all I know. And further saith not. 


J. F. VIRDEN. 


KENTUCKY CONTESTED ELECTION. 49 

Also the deposition of George R. Smith, taken at the same time and 
place, by the same party, and for the same purpose: 

By Anderson: 

I know Benj. Bruner ; I have known him five or six years. He has 
been living in this county ever since I knew him, until latterly he 
has been working out of the county, and living out of it, I suppose. 
At the last August election he claimed his residence in Danville, at 
Smith's principally ; 1 suppose, at least, he claimed his residence in 
Danville, and also voted here. He claimed his residence here ever 
since he has been living here ; I had a talk with him; he said he had 
no right to vote anywhere else; that he had a part of his clothes here 
and was only working off temporarily. 

By Chrisman: 

Bruner was absent from this county some months immediately before 
the election. He was working at Merritt's, in Garrard county. He 
has been absent, though, some three or four different times. I think 
he came back here the day of the election ; it might have been the 
day before. He is a common laborer, and has no family that I know 
of; no property in Danville, except his clothing, that I know of; he 
is still working at Merritt’s, I think, at the coopering business ; at 
the last time I heard of him I think he was there, but spoke of coming 
back here. I think he remained here about a week after the election, 
and has been back several times since, but has not been permanently 
here for any length of time since. 

By Anderson: 

Bruner has no property anywhere else than here, that I have ever 
heard of. Sometime during the summer he came back here sick, to 
get some of his clothing, and staid here sometime. He said then, 
that this was his residence, and that he expected to come back here to 
vote. He has always claimed this as his residence ever since I knew him. 

By Chrisman : 

I don’t know for certain that Bruner was sent for immediately 
before the election ; if he was, it was at his own request; I heard some 
one say they were going after him ; that he had sent word that some 
one must come; that he had no way of getting here himself, and if 
they would bring him he would pay expenses ; my horse and buggy 
was not sent for him, and I did not go myself; Merritt’s, in Garrard 
county, is twelve or fourteen miles from Danville; Bruner is a toler¬ 
ably stout man—has been—but his health has not been very good 
lately ; it was very bad at the time of the election; he said he had the 
chills and fever ; I guess he has travelled a little every way, according 
to my information ; he rides from here to Merritt’s ; I have never 
known him to walk there ; I did not see him start back after the elec¬ 
tion, but heard him say he had his buggy at the stable ready for him. 

By Anderson: 

I know El. Preston ; have known him ever since I have been.in the 
county, some seven or eight years, I suppose ; I think he has resided in 
this county, in precinct Ho. 3, ever since I knew him, so far as 1 know. 
H. Mis. Doc. 11-4. 


50 


KENTUCKY CONTESTED ELECTION. 


By Chrisman: 

I do not know where El. Preston has been for the last twelve 
months ; I have not been with him all the time ; I do not know of any 
illegal vote having been given for Anderson at the last August elec¬ 
tion ; if I knew any I have forgotten it; I don’t know any of that kind. 

By Anderson : 

I don’t know anything about any illegal votes being cast for 
Chrisman at the last August election. And further saith not. 

GEORGE R. SMITH. 

Also the deposition of E. P. Humphrey, taken at the same time 
and place, by the same party, and for the same purpose: 

By Anderson: 

I know a man named Nicholas Walter ; he left Boyle county, 
as nearly as I can recollect, a year or eighteen months ago; he 
had worked for me and other gentlemen, as a carpenter, before, and 
he went from here to work for Rev. Mr. Robinson, in Jefferson 
county; Mr. Robinson had moved from here permanently, and Wal¬ 
ter went soon afteiwards, under an engagement with Mr. Robinson. 
If my house was considered Walter’s home while he was gone, I never 
knew anything of it; I did not so regard it, and do not suppose he 
did; for the last four or five months before he went away he was 
boarding at Mr. Sneed’s, and came from there to my house to do what 
work he did for me ; he is unmarried ; I believe he is a German. 

By Chrisman: 

1 never saw Walter’s papers ; I do not remember that anything 
passed between us in regard to his naturalization ; I had a general 
understanding that he was naturalized ; I understood that Walter’s 
engagement with Mr. Robinson was indefinite, that it depended for 
duration altogether upon what amount of work Mr. Robinson had 
for him to do; about the 20th of July I saw Walter in Louisville, 
and he told me then he intended to come back to Danville ; he is now 
in Boyle county, working at Mr. Maury’s ; when Walter left here to 
go with Mr. Robinson, I heard him express no intention to come back; 
he expressed nothing upon that subject to me. And further saith not. 

EDWARD P. HUMPHREY. 

Adjourned until Monday morning, October 24, 1859, at 9 o’clock. 

SPEED S. FRY, P. J. B. G 

Met pursuant to adjournment, Monday, October 24, 1859. 

Also the deposition of George D. Masonhimer, taken by the same 
party, on the 24th day of October, 1859, and at the same place : 

By Anderson: 

I am the.s^me George D. Masonhimer who voted for William 
C. Anderson at the last August election, in precinct No. 3, Boyle 
county, Kentucky. I have been in the State about seven years, and 
have been in the precinct in which I voted since last May, about 
the 7th or 10th day of the month. I claimed my residence in that 
precinct from that time up to the election, and do yet. My family has 
been with me, residing in the district. 


KENTUCKY CONTESTED ELECTION. 


51 


By Chrisman: 

I am a shoemaker by trade, and dependent upon my trade for 
support for myself and family. I left Danville with my family, 
in the year 1856, and went to Columbia, in Adair county, and con¬ 
tinued to reside there until my family came to Danville in 1859. I 
returned to Danville in company with my family when they returned. 

I continued to reside with my family, in Danville, a few days after they 
came up. I went back to Columbia to settle up some business I had 
there, and worked some at my trade. I remained there until about 
the 26th day of July last. I did not vote in the May election, for con¬ 
stables, &c., in Adair county. 

By Anderson: 

When I left Columbia, with my family, to come to Danville, 
I had partially made a trade with another man to take my business 
in Columbia, who was taken sick and could not attend to it, and 
I had to go back to attend to it. I left Danville with the inten¬ 
tion of returning soon, but owing the sickness of this man I had to re¬ 
main longer than I had intended. I was sworn at the poll when I 
voted, and made a statement of my case, upon which they suffered me 
to vote. 

G. D. MASONHIMER. 

Also the deposition of James S. Haley, taken by the same party, at 
the same time and place: 

By Anderson. How long have you resided in Kentucky ; how long 
in Boyle county ; and how long in the precinct where you voted at the 
August election, 1859? 

Answer. I was born and raised in Lincoln county, and have never 
been out of the State but once in my life. I have been living in Boyle 
county, off and on, ever since the 6th day of June, two years ago. I 
don’t recollect of being out of the precinct in which I voted last August, 
during the two years, except at Bradfordsville three months, and then 
a portion of my washing was at Mr. Yates’ and a portion at my fa¬ 
ther’s in Lincoln county; but my father’s is not my home. 

By same. Where did you reside for more than sixty days prior to 
the election in August, 1859; and where did you claim your home ? 

Answer. My washing, from the 13th of June, was at Wm. Yates’ 
in Boyle county, in precinct No. 3. Previous to that time I was un¬ 
der Colonel Dods, in jail, in Lincoln county ; but would have been at 
Yates’ if I had not been in jail. 

By same. While you were in jail, did you not claim Yates’, in Boyle 
county, as your home, and intend, as soon as you were released, to 
return there ? 

Answer. I did. 

By Chrisman. Are you not a day laborer, and dependent upon your 
daily labor for support? 

Answer. I am. 

By same. Is not your home and residence at the place which, at the 
time, you may be working at? 

Answer. No, sir ; I consider wherever I keep my washing my home. 

By same. Upon what charge were you confined in the jail in Lin¬ 
coln county ? 


52 


KENTUCKY CONTESTED ELECTION, 


Answer. I was taken up under a writ. Jasper Rowsey shot James 
Oldham on Sunday, and I was taken up under a charge of being ac- 
cessory to the shooting. 

By same. Where were you at work at that time ? 

Answer. At that time I was not at work at any place; I hardly 
ever work on Sunday. 

By same. Where had you been at work previous to that time, and 
how long ? 

Answer. I had not worked a day in three weeks previous to that 
time, to my recollection. 

By same. What were you doing during that three weeks, and where 
did you reside in that time ? 

Answer. Principally I was drinking whiskey, and the balance of the 
time, perhaps, I might have been playing cards, or perhaps some¬ 
thing else. One week of the time I was near Bradfordsville, Marion 
county; one week in Boyle, and one week in Lincoln. 

By same. Previous to the election had you been at work at Adams' 
mill, out of Boyle county ? 

Answer. I had worked there some four days and a half; it was in 
July, previous to the election. 

By same. Are you not the same James 8. Haley now indicted, in 
Boyle county, tor false swearing on your application to vote in pre¬ 
cinct No. 3 at the last election ? 

Answer. I suppose I am. I am the only one who goes by that 
name that I know of. 

By same. Where have you resided since the election ? 

Answer Ever since the election I have been at work for Mr. Dun¬ 
can and Mr. Adams, on the edge of Casey county. 

By same. How soon after you voted did you leave Danville and go 
to the mill of Adams' to work ? 

Answer. I left in a right smart hurry after I voted, and went to 
Adams' on Thursday afterwards, but did not do any work until Mon¬ 
day after the election. I knocked around about the mill until Mon¬ 
day, and then went to work. 

By same. Have you resided in Boyle county since the day of the 
election ? 

Answer. No. My washing I took home to my father's on Friday 
after the election; but if I had not engaged to work at the mill until 
Christmas, I would not have moved my washing. I expected when 
my engagement was out to go back to Yates’. 

By same. When did you make the contract to work at the mill till 
Christmas ? 

Answer. I made it with old man Adams the day after the election. 
He had spoken to me before the election to work for him, and I agreed 
to do so provided he would give me what I asked, and he told me he 
would let me know when he came up, but did not come until after the 
election. 

By Mr. Anderson. Were you or not bailed out of the Lincoln jail; 
and did you not make your appearance at court; and did or not the 
grand jury fail to find any indictment against you for being accessory 
to the shooting of Oldham ? 

Answer, I was bailed out of jail; went to court, and the grand jury 


KENTUCKY CONTESTED ELECTION. 


53 


found no indictment against me for being accessory to the shooting of 
Oldham. 

By same. Why did you leave town so soon after you voted ? 

Answer. There were several men here after me with pistols, &c., 
and I thought best to get out of danger. 

By same. Are not the counties of Casey, Lincoln, and Boyle, all in 
the same congressional district; and could you not, if you had been 
entitled to vote, in Lincoln or Casey, have as easily voted for Ander¬ 
son there as in Boyle? 

Answer. Tf I had not thought I was entitled to a legal vote in 
Boyle, I would have voted in Hustonville, Lincoln county, for Ander¬ 
son. Believing I was entitled to a legal vote in Boyle, I voted here. 
The three counties named are all in the same congressional district. 

By same. Were you not sworn when you voted, and made a state¬ 
ment of your case, and upon that the officers of election permitted you 
to vote ? 

Answer. I was. 

By Chrisman. In what county have you done the most work in the 
last twelve months ? 

Answer. I have worked in Lincoln, Casey, and Boyle, in the last 
twelve months; but the principal part of the work I have done in that 
time has been done since the election in Casey county. I have been 
trying to make arrangements to live without work during the last 
twelve months. 

By same. What arrangements have you been trying to make? 

Answer. I have picked up an idea that I could win my living. 

By same. In what county have you spent the greater part of your 
time for the last twelve months ? 

Answer. The biggest portion of my time I have spent in Lincoln 
county, in Stanford, whilst in jail; I was there forty-three days. The 
balance of the time I was harvesting around there. I cradled in the 
neighborhood for sixteen days after I got out of jail; but my washing 
was still at Yates'. I came on to Mr. Helm’s, and expected to cradle 
there also; but he concluded to have no more grain cut, and I then 
came on to Yates’, and staid about thereuntil the election. 

By same. When was you discharged from jail ? 

Answer. I think on the 13th of June. 

And further saith not. 

JAMES S. HALEY. 

Also the deposition of Nicholas McDowell, taken by same party, at 
same time and place: 

By Anderson : 

The day after, or a few days after the election, I was at the house of 
William B. Bowman’s, in Boyle county, and he told me he had not 
voted at all in the race between Anderson and Chrisman. I also 
understood that his vote was recorded for Chrisman, after that time. 
Bowman told me this before they knew the result of the election. 
Bowman resides in Boyle county, in precinct No. 2. 

Nicholas McDowell. 

Also the deposition of J. B. McNeil, taken by same party, at same 
time and place: 


54 


KENTUCKY CONTESTED ELECTION. 


By Anderson: 

I am the brother of George N. McNeil, who voted for W. C. 
Anderson at the last August election in Danville. He has been 
living in the State, county, and precinct in which he voted about 
two years, and perhaps more. He resided in the district in which he 
voted at the time of the election, and claimed that as his residence, 
and had been residing there for sixty days before the election. He 
claims his home in Danville now. He is interested in business in 
Danville. We have a branch of our business house in Lancaster. He 
stays there a part of the time, and I stay there a part of the time. 
We both claim Danville as our home. 

By Chrisman : 

He is a merchant. We have a business house in Lancaster. He 
superintends the business there when he is there, and I do when I 
am there. He left Danville on Monday preceding the election, and 
went to Louisville to purchase a stock of goods for Danville and 
Lancaster both. I think he got to Lancaster on Friday preceding 
the election. A part of his goods reached Lancaster before Friday, 
and part of them un Saturday. He remained in Lancaster until Sun¬ 
day evening before the election, when he came to Danville. He 
came to Danville to vote. He left on Monday evening after voting. 
He has spent a greater part of his time since that in Lancaster, 
Garrard county, out of this congressional district. I think he has 
spent something like a week or ten days altogether in Danville 
since that time. He has paid several visits to Danville since that 
time. He came to Danville for the purpose of attending to his own 
business and settling up the business of McKay and McNeil. He is 
an unmarried man. It is not the arrangement of the concern that 
the Lancaster branch is to be superintended by George N. McNeil ex¬ 
clusively. He has a negro woman hired in Danville, but no other 
property outside of the firm. 

By Anderson: 

He did not move his clothing from Danville until after the Au¬ 
gust election, hut has since. He has no property outside of the firm 
in Garrard county except a fine horse. 

J. B. McNEIL. 

Also the deposition of Samuel H. Gregg, taken by same party, at 
same time and place : 

By Anderson. Do you know J. T. Reynolds, who voted at Perry- 
ville, district No. 1, in Boyle county ; if so, state how he voted and 
what he said to you upon that subject ? 

Answer. I know J. T. Reynolds. He told me the day of the 
election that he had voted, and had voted for W. 0. Anderson. 

By Chrisman. Did you not know better at the time ; and is not 
Reynolds living in Boyle county ? 

Answer. I did not know better. He is living at this time in Mercer 
county ; hut am not certain. I haven’t seen him since he moved. 

By same. Did you have any conversation with him on this subject 
since the election ? 

Answer. Not since the evening of the election. 


KENTUCKY CONTESTED ELECTION. 55 

By same. When did you first learn that his vote was recorded for 
Chrisraan ? 

Answer. I first learned it about four weeks ago. 

By same. Have you seen him since you learned it? 

Answer. I have not. 

By same. How far do you understand he lived from Perryville 
when he voted, and how far from Danville? 

Answer. He lives, I understand, on Salt river, between Harrods- 
burg and Perryville. 

By same. How far is it from Danville to Perryville, from Danville 
to Harrodsburg, and from Perryville to Harrodsburg? 

Answer. It is about ten miles from each place to the other. 

By Anderson. Are you or not, and were you or not, a hotel-keeper 
in Perryville at the election ; if so, did you not keep boarders; when 
did A. Fulkerson, jr., come to your house to board? 

Answer. I am a tavern-keeper in the town of Perryville, Boyle 
county, Kentucky ; Abram Fulkerson, jr., was sent to my house the 
15th day of April last, by his father, from the south, deranged. He 
got out, ran off, and got hack the 17th day of June last. He staid 
there all night; I asked him for his bill ; he said he had no money. 

I told him I could keep him no longer. Dr. Bolling offered to pay 
his bill until his father got up ; before his father returned he left, and 
never returned any more until July, and has been at my house off 
and on ever since. 

By same. Has not A. Fulkerson, jr., lived about Perryville the 
greater part of his time since you knew him. Is he not subject to 
occasional aberrations of mind, and when in that condition does he 
not wander off from home? 

Answer. He has lived about there ever since I knew him. I know 
nothing about his aberrations of mind ; I never saw him in that con¬ 
dition until the time I have above alluded to. I went to Perryville 
to keep tavern the 20th day of last December. 

By Anderson: 

I don’t charge anything for his board. His father won’t pay it, 
and I can’t get anything for it. 

By Chrisman: 

His father moved to my house, from precinct No. 1 to No. 2, shortly 
after I went there to keep tavern ; Abram Fulkerson, jr., voted at 
precinct No. 2, in which my house is situated. 

By same. Do you know the handwriting of W. R. Bowman, who 
voted in precinct No. 2, in Boyle county; if so, look at the paper marked 
X, and see if it is signed by him in his own genuine handwriting? 

Answer. I know the handwriting of William R. Bowman ; the 
handwriting and the signature on the paper before me is the hand¬ 
writing of William R. Bowman ; I saw him write it. 

By Mr. Chrisman: 

William R. Bowman lives in Boyle county about seven or eight 
miles from Danville ; I don’t know what his politics are. 

Question by Mr. Anderson. Do you know anything in regard to 
the residence of Samuel Goode, who voted for J. S. Chrisman at 
district number one, in Boyle county ? 


56 


KENTUCKY CONTESTED ELECTION. 


Answer. He is living at his mother’s in Boyle county at this time ; 
he had been living in Harrodsburg previous to the election; about 
fifteen days previous to the election he left his trunk at my house by 
himself, moving from Harrodsburg to his mother’s in Boyle county. 

By Mr. Chrisman. Is he not a single man ? what do you believe to be 
his age ? and do you know where at any time he has claimed his 
residence ? 

Answer. He is a single man ; I think he is about twenty-one years 
of age; I do not know where he has at any time claimed his residence. 

S. H. GREGG. 


Samuel H. Gregg’s deposition reopened. 

By Mr. Anderson: 

I know B. W. Mors ; he lived at my house in Perrysville at the 
time of the election ; has been there ever since I kept house in 
Perry ville. He did offer to vote in the precinct where he boarded, 
but was refused a vote. He did claim Perryville and my house as 
his home, longer than sixty days before the election. He voted there 
at the May election 1859, and had been there more than sixty days 
before that election. He has been living in the State ever since I 
knew him—some eight years. He said he intended to vote for Wil¬ 
liam C. Anderson, if he had been permitted to vote. 

By Mr. Chrisman: 

He said at the time he offered to vote and since, that he in¬ 
tended to vote for Anderson. I suppose every officer of the election 
had been longer acquainted with B. W. Mors than I have. 

By Mr. Anderson: 

I know George Jones ; he voted for W. C. Anderson at the last 
August election. 

S. H. GREGG. 

Also the deposition of Robert W. Washington, taken by same 
party, at same time and place: 

By Mr. Anderson: 

I was one of the judges of the election last August, in precinct 
number four, for Boyle county, Kentucky ; I saw a man’s name on 
the poll-books whose name is Charles Voss ; I do not recollect any¬ 
thing about it except what I saw on the poll-books. 

ROBERT W. WASHINGTON. 

Also the deposition of George W. Doneghy, taken by same party, 
at same time and place: 

By Mr. Anderson: 

I have been sheriff of Boyle county for a number of years, and am 
well acquainted with all parts of it. My understanding, and as I 
have always recognized the line between districts number one and 
three of Boyle county, is this : where the line at Salt river, the 
halfway point between Danville and Perryville, the line commences 
on Salt river near Andrew Knox’s, and runs southward with the 
meanders of Salt river to the foot of the knob below Cline’s meeting¬ 
house ; then up the knob to the meeting-house, including the meet- 


KENTUCKY CONTESTED ELECTION. 


57 


ing-house in district number three, then in a straight line southward 
to the Casey county line. 

[The counsel for Mr. Chrisman excepts to the question and any 
answers which speaks of the division lines between the several dis¬ 
tricts, because the duty of districting is devolved by law on the 
county court, and it is required by law to keep a record of its acts, 
which alone is evidence of them.] 

By Chrisman. Is it not your understanding that the lines of districts 
Nos. 1 and 3 have been changed since they were first marked out? 

Answer. So far only as the houses of James Oldham and John 
Rowsey are concerned have they been changed; both of these houses are 
situated between Knox’s and Cline’s meeting-house, and do not affect 
the line from Cline’s meeting-house on to Casey line. John Christer- 
son, I presume, resided in district No. 3, in Boyle county ; he always 
voted at Danville, in that district. It was always regarded that all 
the voters residing on the right-hand side of the road from Cline’s 
meeting-house to John Christerson’s, from north to south, resided in 
district No. 1, and voted at Perryville, in that district; they paid 
their taxes in that district. All the Duncans living in distric No. 
1 are of one family; I think the Duncan’s all voted in Danville, from 
the fact that I saw them all here on that day; but I did not see any 
of them vote, and do not know that they did vote here, but the poll- 
books will show where they voted. 

By Chrisman. Were you present at any time when the lines of the 
precincts were run ; have you ever seen the report of the commissioners 
who districted the county ; and do you know anything of the lines 
except from rumors ? 

Answer. I never was with the commissioners when the lines were 
run, nor do I think they ever were run ; I think the commissioners 
met in Danville and designated the boundaries of the districts with¬ 
out ever going upon them ; I know that is the way they did it. I did 
see their report, I saw it in manuscript form ; I do not know whether 
it was ever put to record or not; I do not know that the report I saw 
was ever presented to the court for record, but always recognized it as 
containing the boundaries of the district, and so recognized it when I 
divided the county with my deputy, when I was sheriff, and the lines 
were so recognized by the public ; I have been very well acquainted 
with the voters of Boyle county. 

By same. Does not William Phillips, Warner, and others, who you 
know, and who have voted at Danville, also reside out of precinct No. 
3, where they voted ? 

Answer. No ; I know they reside in district No. 3, Boyle county. 

By Anderson : 

I know no such man in Boyle county, district No. 3, as Henry 
White; I know no such man as Abel Reeves in Boyle county; 
I know A. G. Talbott, jr.; he is not in Boyle county at this time, 
to my knowledge; I think he went to Missouri shortly after the 
election, at least I have not seen him in Boyle county since about the 
8th or 9th day of August last; I do not know where he is—he is not 
here; I understood he was in Missouri; he was away from here 
eighteen months, at least, prior to the election. I do not know that 
his father purchased a farm for him in Missouri; I have understood 


58 


KENTUCKY CONTESTED ELECTION. 


so ; lie is a young unmarried man. I heard that his father had pur¬ 
chased a farm for him in Missouri and located him upon it; I did not 
hear it from any of his family or from him ; I understood, but do not 
know from whom, that he claimed his residence in Peters county, 
Missouri. I know B. W. Mors; I should say that B. W. Mors 
had lived in Perryville, Boyle county, since about the year 1829 ; 
district No. *2 embraces a part of the town of Perryville, and the 
tavern-house of Samuel H. Gregg in said town. 

By Chrisman : 

He has lived in what is now district No. 2, since the year 1829, in 
Boyle county, Kentucky ; he has not been absent from Kentucky, to 
my knowledge, during that time, to establish any other home except 
Perryville, though he may have been absent without my knowledge; 
he has, as he told me himself, claimed Perryville as his home. The 
officers of election, in district No. 2, are all acquaintances of B. W. 
Mors, and live in the same neighborhood ; I believe they are acquaint¬ 
ances of his; they have lived in the neighborhood of Perryville for years. 

By Mr. Anderson : 

I know William Beasley, a mute. I have known him several years. 
During the time I have known him, he has been living and voting in 
Boyle county ; he never was refused a vote. He works and hires with 
Mr. Crowders, a painter, in district number one, in Boyle county. 
Crowders lived in that district in 1854, and also in 1856, and voted 
there, and so did Beasley. He has never to my knowledge been out of 
the State, making his residence, but he may have been out of the State 
without my knoweldge. He is a single man, and a painter by trade. 

Gr. W. DONEGHY. 

Also the deposition of James Crowders, taken by same party, at same 
time and place: 

By Mr. Anderson : 

I am acquainted with James B. Royse and William P, Royse, 
fan-makers, at Haysville, Kentucky, Marion county. I have known 
them since the last of last November. I saw one of them, James, 
before that; they have been living there ever since. William 
has been absent for four weeks past; said he was coming back; 
has not returned as yet. They have had a shop there, carrying 
on business regularly. James B. Royse and a man by the name of 
Rowler, made a bargain at the May election that neither of them 
would vote at that election. Royse said that if Rowler voted he would 
also vote. They were on different or opposite sides in the race for 
constable at that election. I heard them say, that is, Messrs. Royse, 
that they had voted in Adair county at the last August election. I do 
not recollect whether they ever claimed Columbia, Adair county, as 
their residence or not. They said their father lived near Columbia. 
I do not recollect how long before the election they went to Columbia 
to vote ; a short time though, I think, and returned to Haysville 
shortly after the election. They are still there, that is, James is there, 
and William said he was going to return there. Haysville, in Marion 
county, is not in the fourth congressional district, where Chrisman 
and Anderson were candidates. 


KENTUCKY CONTESTED ELECTION. 


59 


By same. Do you or not know that the Royses, or either of them, 
had fans sold payable on the election of Chrisman ? 

Answer. That is what I was told by them and others. 

By Mr. Chrisman: 

I do not know that Rowler, with whom Royse made the arrange¬ 
ment not to vote, was under age. I have heard he was since the 
election. He looked as though he might be twenty-five years old. 

JAMES CROWDERS. 

Also the deposition of J. B. Cabbell, taken by same party, at same 
time and place: 

By Mr. Anderson : 

I know James B. and William P. Royse, fan-makers, at Haysville, 
Marion county, Kentucky. In reference to their residence, I confirm 
the statement of Mr. Crowders. They sold two fans, that I know of, 
payable upon the election of Chrisman over Anderson. 

By Mr. Chrisman : 

They are both unmarried men. One of the bets spoken of was made 
with M. W. Crowders, and the other with me. 

By Mr. Chrisman. Are you not pecuniarily interested in the result 
of this contest? 

Answer. At this time I don’t think I am. 

By same. Did you execute a note for or agree to pay for the fan 
when Chrisman was elected ? 

Answer. I agreed to pay for the fan when Chrisman was elected. 

By same. Have you yet settled the matter of your bet? 

Answer. 1 considered the matter settled when Anderson got the 
certificate. 

By same. If it turns out in this investigation that Chrisman got the 
most legal votes, do you not consider that Chrisman was elected ? 

Answer. Of course I do. 

J. B. CABBELL. 

Also the deposition of Samuel P. Barber, taken by same party, at 
same time and place : 

By Mr. Anderson. Do you know anything in regard to the vote of 
Nicholas Walter, who voted at Danville, precinct No. 3, at August 
election, 1859, lor Chrisman ; if so, state what you know? 

Answer. A few days after his return from Louisville, he was in my 
shop ; I asked him the news, and how he happened to come back to 
Danville, his answer was about this : I claim Louisville as my home, 
and had it not been for some debts, I should have remained in Louis¬ 
ville. I asked if he intended to vote; he said he did not think he had 
a vote, but if on examination he was entitled to a vote, Sneed and 
Chrisman should receive his vote. He had been absent from the 
county some twelve or eighteen months. From his conversation with 
me at that time, he claimed Louisville as his residence or home. It 
might have been sixty days before the election, but my impres¬ 
sion is it was more that sixty days ; that he deferred from voting un¬ 
der the sixty days rule. I know A. Gr. Talbott, jr.; he has been living 


60 


KENTUCKY CONTESTED ELECTION. 


in Missouri for the last eighteen months or two years. My impression 
is he left a few days after the election. I only heard that his father 
had purchased land for him in Missouri, and located him there. 

By Mr. Chrisman : 

Answer. I have not been in the State of Missouri in the last two 
or three years. 

By same. Were you not an active partisan of W. C. Anderson; 
voting for him at the election? 

Answer. I felt deeply interested in his run. 

By same. Were you ever present at any examination of the poll- 
books of Boyle county, subsequent to the election ; if so, where was 
that examination made ; when was it made ; if more than once, how 
often ; and who was present when that examination was made ? 

Answer. I was once present at the examination of the poll-books of 
Boyle county after the election. It was made in J. F. Bell’s law 
office; it was on the Sunday after the election ; Gf. W. Doneghy, 
(who took no part in it,) John Cowan, A. H. Sneed, W. C. Anderson 
and myself, are the only persons who were present at the examination. 

By same. Was not each of the persons present, sworn and active 
partisans and friends of Mr. Anderson ? 

Answer. They were, to the best of my knowledge. 

By same. When did you hear, for the first time, that the examiner 
of Boyle county, had made a mistake in counting the votes for Mr. 
Anderson ; raising his majority from 486 to 490 votes ? 

Answer. I was told by Mr. A. H. Sneed, all the time, that the ma¬ 
jority was 490, instead of 486. I understood on the day the exam¬ 
iners had met to compare the poll-books, they had reduced the ma¬ 
jority from 490 to 486. I understood on Thursday after the election 
that the examiners had made a mistake. I understood it from street 
talk—common rumor. 

By same. When did you first learn for yourself that the examiner 
had made a mistake? 

Answer. Not until I had examined the poll-books, to a certainty, on 
that Sunday. 

By same. Were you in daily and in almost hourly intercourse with 
Mr. Anderson from the day of the election until you made the exami- 
tion spoken of? 

Answer. I was not. I saw him every day, sometimes twice a day ; 
but was not in daily or hourly communication with him. 

By same. When did Mr. Anderson profess to have discovered that 
the examiners made a mistake against him ? 

Answer. A few hours, or perhaps a day, after they had made their 
report or signed the certificate. My information was more particu¬ 
larly from others than from Mr. Anderson. Mr. A. H. Sneed con¬ 
tending all the time that 490 was the real majority of the county of 
Boyle. 

By same. Was Mr Sneed either clerk, judge, or sheriff of the elec¬ 
tion, keeper of the poll-books, or clerk of the Boyle county court, to 
whom, by law, the books are to be returned ? 

Answer. He was neither. He was elected representative from 


KENTUCKY CONTESTED ELECTION. Cl 

Boyle county to the legislature, and has a true knowledge of the vote 
of Bolye county. 

By same. Was not Mr. Sneed in Perry ville until about four o’clock 
in the day ; and did he not come to Danville about five o’clock, and 
remain there until the polls closed ? 

Answer. He was in Perryville during the day, and came home late 
on the day of the election. He received a communication from Perry¬ 
ville, after the polls closed at Perryville, which, added to the two pre¬ 
cincts here, made the majority 490. 

By same. Was his information of the Perryville vote different 
from the footing up of the clerk ? 

Answer. I suppose it was the same ; he got it from his runner, and 
I suppose the runner got it from the clerk. 

By same. Have you heard of any mistake in the footing up of the 
votes in any of the poll-books except in the Perryville district? 

Answer. I have not in this county. 

By same. Who brought the poll-books to the office of Mr. Bell, the 
Sunday evening you speak of? 

Answer. The first thing I saw of them they were lying on the table. 
I suppose Mr. Sneed brought them there ; and I did not know that an 
examination was to take place until I went into the office. 

By same. Has Mr. Sneed or any other person told you they had the 
poll-books out of the clerk’s office any time between the election and 
the day you speak of ? 

Answer. I never heard of their being out until I saw them on the 
table. 

By same. What was the rumor in Danville as to the result of the 
race, on Saturday before and the Sunday you made the examination 
you spoke of? 

Answer. Both sides claimed it. 

By Anderson. Was it not the common report by the friends of both 
Chrisman and Anderson, that the vote of Boyle gave Anderson a 
majority of 490 votes, the night of the election, and all the time till 
the seals were broken and the books perused by the board ; was it not 
published in the Louisville Courier, a paper advocating the claims of 
Chrisman, that the vote was 490 ? 

Answer. It was so ; I don’t know though whether it was so pub¬ 
lished in the Courier ; I sent it off the next morning to Nicholasville, 
Lexington, and Louisville, as 490 majority for Anderson ; Chrisman s 
friends gave it up as 490, and Anderson’s friends claimed it as 490 ; the 
figures of Col. A. Gr. Talbott, former congressman from this district, 
made it 490, and he was a friend of Mr. Chrisman and a prominent 
man in the democratic party. 

By same. Please explain how the mistake was discovered on the 
Sunday you speak of; who counted the votes and made the discovery? 

Answer. The poll-books were put down in front of AH. Sneed; 
John Cowan stood on the right and I on the left; W. C. Anderson, 
about the width of the table off, and did not touch the poll-books 
while we were examining them ; for a more perfect count, we passed 
a paper down the poll-book and counted each vote ; Mr. Sneed had a 


62 


KENTUCKY CONTESTED ELECTION. 


pencil in his hand and made the count, and then we detected the 
mistake. 

By same. Did you ever hear of any mistake being made in Cumber¬ 
land county to the prejudice of Chrisman, until after the official vote 
had been published in the Louisville Journal and other papers, that 
Anderson was elected by three votes ? 

Answer. I never did. 

Question by Chrisman. Were all the reports, which you sent off 
the morning succeeding the election, based upon what you understood 
to be the footings of the clerks of the election ? 

Answer, it was based upon the report of poll-hooks ; I got the true 
number from the clerks of the election. 

By same. If the poll-hooks, footed up by the officers, showed only 
486 majority for Anderson, it required only four more to bring it up 
to 490 

Answer. It did. 

By same. Where were the poll-books the night or day preceding 
the Sunday you speak of; and did you ever hear any person say where 
they were ; and, if so, where was it? 

Answer. I do not know ; but, since the election, I heard Samuel S. 
Merrick and Charles H. Rochester say that W. C. Anderson had them 
down at his farm. I never saw the poll-books, or knew they were out 
of the office, until I saw them at Mr. Bell’s office. 

By same. Are or not Charles H. Rochester and Samuel Merrick, 
hitter, uncompromising, hot-headed sag nichts, or locofocos, and bit¬ 
terly opposed to the election of Anderson ? 

Answer. Yes ; they are worse than poison. 

By same. If the poll-hooks of Cumberland county, as footed up and 
certified by the officers of the election, and also certified by the county 
hoard to the State hoard, at Frankfort, showed Anderson’s majority in 
Cumberland county to be 284, how many, if a mistake occurred, did 
it require to be discarded to bring it down to 274 ? 

Answer. Ten, of course. 

By same. Did Rochester and Merrick state, upon their own per¬ 
sonal knowledge, the matter stated by you above ; or did they state 
it as a rumor from Chrisman’s friends ? 

Answer. I suppose, as they are at the head of democracy, they must 
have had good information ; but they did not state it upon their per¬ 
sonal knowledge. 

By same. When did you first hear of the rumor from Cumberland 
county, that a mistake had been discovered’in the report of the vote of 
that county ? 

Answer. I heard it on Saturday evening ; and on Sunday I heard 
it from Judge Bramlette ; 1 mean the Saturday and Sunday preceding 
the third Monday in August. 

By same. Who first communicated the information to you ? 

Answer. It was a street talk on Saturday, and I heard it positively 
from Judge Bramlette the next day. 

By same. Were you, on the next day after you first heard this news, 
and immediately after the arrival of Judge Bramlette, who confirmed 
the rumor, in consultation with any friends of Mr. Anderson, as to 


KENTUCKY CONTESTED ELECTION. 63 

the propriety of sending some friend to Frankfort in advance of the 
report of the news reaching that place ? 

Answer. I was. 

By same. Who were those friends ? what did the friends conclude 
to do ? and who was sent to Frankfort ? 

Answer. I do not know that I could name all. Mr. Sneed and my¬ 
self ; John F. Zimmerman was by, hut I do not think took any part ; 
Judge Bramlette and, perhaps, W. A. Harness were also present. 
We consulted together, because we thought we ought to send word to 
Mr. Anderson himself, as we thought they were trying to swindle him 
out of his election, and that he ought to know of it. We did not ap¬ 
point any one to go at all. 

By same. Did not A. H. Sneed and W. R. Boice go to carry the 
news? 

Answer. Yes. 

By same. Did they not go to Frankfort for the express purpose of 
obtaining, if possible, the certificate for Mr. Anderson, before any re¬ 
port from Cumberland could reach there ? 

Answer. I cannot say they did. They went to carry the news to 
Mr. Anderson, that it was reported that they had discovered a mis¬ 
take of ten or eleven votes in Cumberland, and for him, if possible, to 
take some steps to counteract it. 

By same. Was it not expected by the friends of Mr. Anderson that 
they would either return with the certificate for Mr. Anderson, or that 
it would be given to him on the next day after their arrival in 
Frankfort ? 

Answer. It was. The official report of every county had been offi¬ 
cially certified to at Frankfort, and had been officially published, and 
it was supposed if they went to admitting any outside returns that he 
would not get his certificate, which the published vote of all the 
counties showed him entitled to by a majority of three votes. 

By same. If, then, you supposed they would not admit any “out¬ 
side’ ’ returns, why was Mr. Sneed and Col. Boice troubled to go to 
Frankfort • 

Answer. Personal friendship, I suppose. That was what would 
have carried me there. 

By same. Was it expected by you or the friends of Mr. Anderson 
in Danville, so far as you know, that certificates would, on that day, 
he issued to any other person ? 

Answer. No, nor to him either. 

By same. Was or not Mr. W. C. Anderson absent from home when 
the reported mistake in Cumberland was rumored, and after consulta¬ 
tion with his friends, was it not determined to send him word to that 
effect; that the certificate had to be issued within fifteen days from 
the election, and he ought to know it, with a view to see whether 
mistakes had not been made against him also ? 

Answer. He was absent, my understanding was, in Louisville. 
After consulting with the friends, as we had understood they had 
debarred the four votes from Boyle, and we thought they ought to serve 
all other amended returns the same way. 

By same. Did the State board ever give any opinion upon the sub- 


64 


KENTUCKY CONTESTED ELECTION. 


j^ct of receiving amended returns, that ever you saw or heard of, until 
the day they issued the certificate to Mr. Anderson ? 

Answer. No, sir. 

And further saith not. 

SAM’L P. BARBER. 

Also the deposition of Wm. R. Bowman, taken at the same time and 
place, hy the same party, and for the same purpose. 

By Mr. Anderson : 

I suppose I am the same Wm. Bownan who voted at dislrict No. 2, 
in Boyle county, at the last August election ; I voted there ; I did 
not vote at all in the congressional race ; I have examined the poll- 
hooks and find my vote recorded for Chrisman. The paper marked 
X in the deposition of ISamuel H. Gregg was signed by me. 

By Mr. Chrisman : 

My politics are democratic; I voted with a ticket at the election ; 
I went to town late in the evening, and went into Mr. Burton’s 
store, and called for two tickets ; Mr. Staley, a democrat, was with 
me. Mr. David Gregory handed me two tickets and I handed one 
to Staley and I told Mr. Gregory to scratch off Chrisman’s name 
from mine, and add Josh. Owens’ name for senator. He did so ; I 
took the ticket, handed it in at the polls, and told them I voted that 
ticket. It had Chrisman’s name scratched off; I called no names 
at the polls at all; I have never said to any one since the elec¬ 
tion that I voted for Chrisman. I reside in precinct No. 2, Boyle 
county; I know George Tate ; I understood that he voted at the last 
August election, and lhat he voted for Mr. Anderson. He voted in 
precinct No. 1 ; He was living with his father in-law, in Mercer, near 
the Mercer and Boyle line ; he moved from Mercer on Tuesday after 
the third Sunday in May, into the Parksville district, which is district 
No. 1 of this county ; he said he was going to remain there a few 
weeks, and then he was going to move to Indiana to get sand for a 
man who was carrying on glass works in Louisville ; the sand to he 
gotten over in Indiana ; he remained in Parksville about two weeks, 
to the best of my recollection. I told him I wanted my house covered, 
and if he would stay I would give him work. He said he had no house 
to live in. I told him I had a house on the pike, and that if he could 
get a negro out, who was in it, he might live in that for the balance 
of the year ; that house was in district No. 1. He went to see if he 
could get the house, hut couldn’t get it; he said then, if he could get 
one room of the house it would suit him. I told him if he would risk 
the negro he could go in ; he said he would risk him, and afterward, 
sent to my house to get my cart and oxen to move him from Parks¬ 
ville to the house spoken of. I told him he would not have a full load 
of his own and he could fill the balance with laths and shingles and 
bring them to my house ; he brings his goods on back, with the laths 
and shingles, as far as my house, in precinct No. 2, and let them 
remain there all night, and the next morning went to his father-in- 
law’s and got the balance of his goods, and moved into the house 
spoken of, in district No. 1. He is now living in Mercer county with 


KENTUCKY CONTESTED ELECTION. 


65 


liis father-in-law ; he left Boyle soon after the election, but his trumpery 
remained there nearly a month; he went to Louisville himself directly 
after the election, as I understood from him, but left his family here. 

I understood from him, when he left Mercer and moved into Boyle, 
that he only intended to stay a few weeks until he could make money 
to go off on, and then he was going to leave. 

And further saith not. W. R. BOWMAN. 

Also the deposition of H. L. Carpenter, taken at the same time 
and place, by the same party, and for the same purpose: 

By Anderson: 

I am the same H. L. Carpenter who voted at Hustonville, in Lincoln 
county, at the ast August election ; I voted there, and don’t know any¬ 
body else of that name. I have resided in Kentucky forty odd years— 
all that time in the Hustonville district, Lincoln county. I own a 
farm there, near Hustonville, and always considered that my home. 

By Chrisman: 

I reside now in Lincoln about two-thirds of my time. I am a 
married man ; have nine children. They reside a part of the time 
in Lincoln and part of the time in Mercer. My wife is in Mercer 
about two-thirds of her time, and my children also. I almost 
always take some of them to the farm with me, and have them there, 
when the weather is suitable. I have never moved my washing from 
Lincoln. All my family live on is raised on my farm in Lincoln, 
except some little garden stuff which is raised in Mercer. My farm 
in Lincoln, and the house I reside in when in Mercer, I suppose are 
eighteen or twenty miles apart. I have bought a house and property 
near Harrodsburg, in Mercer. I don’t keep any property there all 
the time, except what I bought there, for when there is no school 
there I take all my negroes back into Lincoln to my farm, except one 
who is generally left to take care of the house. My newspapers are 
directed to Harrodsburg ; sometimes my letters are directed there, and 
sometimes to Hustonville. I gave $8,000 for the property I own near 
Harrodsburg. When I bought the property Fdid not expect to be 
there but very little of my time, and have not been. I bought it for 
the purpose of educating my children there. I voted in Mercer, I 
believe, at the last May election. It was in February or March, 1858, 
that I moved to the house I bought in Mercer ; but my wife, when 
well, is backwards and forwards to the farm in Lincoln every few 
weeks. Mercer is not in the congressional district. 

By Anderson: 

I happened to be in Mercer at the May election, and there was con¬ 
siderable difference between the candidates, and in the evening some 
of us agreed to go and vote for the hindmost man. We went and 
voted, and no question was asked by either party as to my right to 
vote. I never have claimed any other place than Lincoln as my resi¬ 
dence. I own over five hundred acres of land in Lincoln county. 
I sold a little of it for $60 per acre the other day. 

And further saith not. 

H. L. CARPENTER. 

H. Mis. Doc. 11-5 


66 


KENTUCKY CONTESTED ELECTION. 


Also the deposition of Jackson Gr. Bibb, taken at the same time 
and place, by the same party, and for the same purpose: 

By Anderson: 

I know Zach. Price. He said some time in June or July that he 
was twenty-one years old. 

By Chrisman: 

There was something said about Price's voting at the election 
before the last, in the presence of his mother, Jim Jones, and myself. 
His mother said he was not old enough to vote at that election, but 
would be at the next. She said he was raised in the county of 
Pulaski. He was not cut of this county, to ray knowledge, at any 
time within the sixty days preceding the election. I saw him in 
town frequently during that time. He rode a mule, and put it up 
at Mr. Sneed's stable, where I was staying. He told me he was work¬ 
ing for a man in this county, out somewhere in the Hanging Fork 
neighborhood. I don’t think I have seen him since the election. I 
don’t think he is now in the county of Boyle. 

By Anderson : 

I know E, Preston. I have known him six or seven years. He has 
been living in Boyle county, and I think in precinct No. 3 all the 
time, the place where he voted. 

By Chrisman: 

I do not know that he has been residing out of the county of Boyle 
since I have known him. Part of the time during the last twelve 
months he has been staying at his father’s, in this county, in pre¬ 
cinct No. 3, and he told me that he and his wife did not agree very 
well, and every few weeks he would go up and stay a while with a 
woman in Lincoln. I asked him if he lived out of the county of Boyle, 
and he said no; that he only went to Lincoln to see that woman. 

And further saith not. 

J. G. BIBB. 

Adjourned until to-morrow morning, October 25, 1859. 

SPEED S. FRY, P. J. B. O. 

Met pursuant to adjournment. 

Also the deposition of Jas. F. Zimmerman, taken at same place, 
on 25th October, 1859, by same party, and for the same purpose : 

By Anderson. Are you or not clerk of the Boyle county court, and 
as such, have custody of the tax books, poll-books, &c., of the county ? 

Answer. I am clerk of said court, and have charge of the books 
named. 

By same. Please examine the poll-book of precinct No. 2, in Boyle 
county, and state how the vote of Wm. Bowman is recorded, in the 
race between Anderson and Chrisman. 

Answer. I have examined it, and find the vote of Wm. Bowman 
recorded for Chrisman. 

By same. Please examine the poll-book of precinct No. 1, Boyle 
county, and see how the vote of J. T. Reynolds is recorded in that race. 

Answer. I find that vote recorded for Chrisman, also. 


KENTUCKY CONTESTED ELECTION. 


67 


P»y same. Please examine poll-book No. 1, and see how the vote of 
Richard Pendegrast is recorded. 

Answer. His vote is not recorded for either Anderson or Chrisman. 

By same. Also examine the poll-book of No. 1, and see how the 
votes of Samuel Leffew, Geo. W. Crane, No. 1, Geo. W. Crane, No. 2, 
and Nat Hannen are recorded. 

Answer. I find all four of them recorded for Chrisman. 

By same. Please examine poll-hook No. 1, and see if you find any 
such vote as George Tate’s recorded for Anderson. 

Answer. I find no George Tate recorded there for any one. 

By same. Please examine poll-hook of No. 3, and see if you find 
the vote of Zachariah Price recorded for Anderson. 

Answer. 1 find no such vote recorded there. 

By same. Please examine the assessors’ book, and see if you find 
Charles Voss, Nicholas Walter, A. G. Tallett, jr., Henry White, 
Abel Reeves, Samuel Goode, listed for taxation. 

Answer. I have examined the hooks for 1859, and find none of them 
listed. 

By same. Are you or not one of the hoard of county canvassers, 
who by law are to compare the polls ? Please state what the major¬ 
ity for Anderson is in Boyle county upon the hooks. 

Answer. I am one of the canvassers to compare the poll-books of 
the county. The books show Anderson’s majority in the county to be 
490, if corrected in the additions. 

By same. Have you examined the papers in the office, and do you 
find any record or paper showing the boundaries of the several voting 
precincts? 

Answer. I have thoroughly examined the books and papers in 
search of such a record, but have not been able to find it. 

By same. Please examine poll-book of precinct No. 3, and see how 
many Duncans voted in district No. 3 of Boyle county. 

Answer. I find the names of four Duncans recorded therein : Lewis 
Duncan, Owen Duncan, Isaac Duncan, and Joseph Duncan. The 
three first named voted for Chrisman, and the last did not vote at all 
in that race, or at least his vote is not recorded in that race. 

By Chrisman. When and by whom were the poll-books qf the last 
August election returned to your office and custody ? 

Answer. They were returned, some of them on Monday night, 
aud some on Tuesday morning, I think, after the election. The 
books of Nos. 3 and 4 were returned by the sheriffs of those precincts, 
and the other two, 1 believe, together, by the clerk of one of the pre¬ 
cincts, and kept by me under lock until some time in the day Tuesday, 
or perhaps Wednesday, when the acting sheriff came, took them into 
his possession, and delivered them back to me formally. 

By same. Who was that acting sheriff? How long did he have 
them in his possession, and did he take them from your office ? 

Answer. It was W. C. Compton, coroner. He only took them, 
and gave them back to me immediately, without taking them from 
the office. 

By same. Why was this farce enacted ? 

Answer. That the very letter of the law might be complied with. 

By same. In what respect, if any, had the “ letter ” of the law 


68 


KENTUCKY CONTESTED ELECTION. 


been violated in the manner in which the hook had been delivered to 
you ? 

Answer. I believe the law requires them to be delivered by the 
sheriff. 

By same. On what day were the hooks compared and counted by 
the county examiners ? 

Answer. On Thursday after the election, between the hours of 10 
and 11 o’clock. 

By same. What persons composed that board ? 

Answer. The county judge, Speed S. Fry, the sheriff, (or rather, 
the coroner, acting as sheriff,) W. C. Compton, and myself, as county 
clerk. 

By same. What was the majority received by Anderson over Chris- 
man in Boyle county, as ascertained by that comparison and examina¬ 
tion ? 

Answer. Four hundred and eighty-six votes. 

By same. Was that the majority which you on that day certified to 
the State board ? 

Answer. It was. 

By same. Have the poll-books of that election been kept by you in 
your office since the election ? If not, when were they taken out ; by 
whom were they taken out ; how long kept out of the office, and when 
returned ? Name each time taken and each person who took them 
out, and how long detained. 

Answer. The books were all returned to me under seal, and were 
not opened or examined by any one until they were opened and ex¬ 
amined hy the county canvassers on the day fixed by law and the vote 
certified to Frankfort. They were then left in my office free for 
inspection, and were inspected and examined freely by any and all 
who desired it. On Friday evening, late, Mr. Anderson borrowed 
them, and they were returned on Saturday morning, and on Saturday 
evening he borrowed them again, and they were returned to me on 
Sunday evening. 

By same. When were you first informed that the canvassers had 
made a mistake in summing up the votes given to Mr. Anderson, and 
by whom ? 

Answer. On Sunday afternoon some time. I cannot with certainty 
say by whom, but I think it was Mr. E. B. Owsley, but it may have 
been some one else, as there were others present. 

By same. What were the reports in Danville on Saturday and Sun¬ 
day, the days when Mr. Anderson had the poll-books out of the office, 
with regard to the result of the race between Anderson and Chrisman ? 

Answer. There were conflicting reports. All the returns had not 
been received in such form as to give them reliability. Some reports 
elected Chrisman, some Anderson, and another, I believe, tied them. 
That, at least, is my recollection. 

By same. Was it not true that no report made a greater difference 
between them than four or five votes ? 

Answer. I do not recollect the differences precisely which the reports 
made at that time. I know they were close. 

By Mr. Anderson. What kin to James S. Chrisman, the candidate 
for Congress, is M. T. Chrisman, who is conducting this examination ? 


KENTUCKY CONTESTED ELECTION. 


69 


Answer. I believe he is a brother. 

By same. Is he or not clerk of the circuit court and deputy clerk 
in the county court, where the poll-books are kept? 

Answer. He is. 

By same. Has said M. T. Chrisman or not had free access to the 
poll-books ? 

Answer. He has. 

By same. Did he or not take them for the purpose of copying them 
for liis brother ? 

Answer. He copied several pages of one hook in my office. 

By same. As deputy clerk, is he or not permitted free access to the 
papers of the office ? 

Answer. He is. 

By same. When you and the balance of the board sent the returns 
to Frankfort—I mean upon the day of the comparison—did you count 
all the books, as you might have done ? 

Answer. I did not count or examine any of the hooks except that 
of No. 3, I believe. 

By same. Was it or not reported by the friends of Chrisman and 
Anderson on the night of the election, from the returns received after 
the close of the polls, that Anderson’s majority in Boyle was 490, and 
did or not the various papers of both sides in Kentucky so publish it ? 

Answer. It was so reported and published. 

By same. Did you or not, on the arrival of Mr. Anderson at home 
on the night of the election, or the next morning, state that the ma¬ 
jority was 490 ? 

Answer.. I think I did ; I so stated it to every one who inquired. 

By same. What were the reports about the result of the contest be¬ 
tween Anderson and Chrisman when the reported mistake came in 
from Cumberland? Had it or not been published in the Louisville 
Journal, by a despatch from the assistant secretary of state, that An¬ 
derson’s official majority was three votes? Did you ever hear of any 
such mistake till it was known that such was the fact? 

Answer. It had been so published, but I do not remember precisely 
at what time I first heard of the Cumberland mistake. 

By same. When the board of the county sent the amended returns 
to Frankfort, stating that there was a mistake of four votes to the 
prejudice of Anderson, did or not every friend of Chrisman that you 
heard speak about it say that it was illegal and improper in the 
State board at Frankfort to receive amended returns? 

Answer. I tbink that is the way they talked; I know that some 
with whom I conversed did so. 

By same. When the rumor came in that there was a mistake in 
Cumberland, did or not the party generally who supported Chrisman, 
and who had taken the ground spoken of above, turn about and claim 
that the board ought to receive amended returns, acting under the 
adage that the case being altered, altered the case? 

Answer. They so claimed and contended. 

By same. Did Anderson ever get, in his vote, the benefit of the 
four votes to his prejudice in Boyle ? 


70 


KENTUCKY CONTESTED ELECTION. 


Answer. He did not, according to the published certificate of the 
State hoard. 

By same. Do you know, or have you any reason to believe, that 
M. T. Chrisman ever saw the poll-hooks until after they were exam¬ 
ined and counted by the county examiners ? 

Answer. I have not; he nor anybody else after they came to me. 

By same. Did Mr. Chrisman, so far as you know or believe, ever 
examine the poll-books, except in your presence or the presence of 
another deputy, in the affair? 

Answer. I do not remember of his ever having done so ; after the 
official count by the county examiners, until the mistake was discov¬ 
ered, I had not paid particular attention to those who examined the 
books, because 1 regarded the thing as settled, and regarded the poll- 
books as any other paper in the office, they having been officially 
certified. 

By same. Is it pretended by anybody that the vote of Chrisman has 
been changed or altered ? 

Answer. [Not that I have heard of. 

By same. Can you imagine any possible motive M. T. Chrisman 
could have for changing and increasing the vote for Mr. Anderson ? 

Answer. I cannot. 

By same. You spoke of the report, on the evening of the election, 
that Anderson’s majority was 490; were these mere rumors, and 
were they not of necessity mere rumors, and not founded on an ex¬ 
amination of the poll-books ? 

Answer. I got my information of one precinct from the poll-book ; 
one from a person who, I understood, took his statement from the 
poll-book; and the statements from Perryville from a runner, who 
brought up the vote after night. 

By same. At whose instance did you make out the amended return, 
increasing the vote of Mr. Anderson ; where was it made out; and 
did the friends of Mr. Anderson and Mr. Anderson himself claim 
that it should and would be received? 

Answer. It was at the instance of Mr. Anderson and his friends ; 
Mr. Anderson said if he was entitled to the four votes he wanted 
them, even if his majority was large. 

By Mr. Anderson. Is it or not the custom of both clerks of the cir¬ 
cuit and county courts to permit papers and books to be taken from 
the office, and when you did permit the taking of the books from the 
office, did you not regard them, after they were compared and the re¬ 
turns forwarded to Frankfort, as any other paper? 

Answer. Such has been the custom in both offices since I have been 
about them ; I so regarded the poll-books, after they were counted 
and certified, as any other paper in the office. 

And further saith not. 

JAMES F. ZIMMERMAN. 

Clerk of Boyle County Court . 

State of Kentucky, Boyle County , set: 

I, William R. Bowman, of Boyle county, Kentucky, state that I 
voted at precinct No. 2, in Boyle county ; that in the race between 


KENTUCKY CONTESTED ELECTION. 


71 


Mr. Chrisman and Mr. Anderson, for representative in Congress, he 
did not vote, and if his name is recorded for Mr. Chrisman, it was 
done through mistake. This August 22, 1859. 


W. R. BOWMAN. 


State of Kentucky, Boyle County , set: 

I, James F, Zimmerman, clerk of the Boyle county court, do certify 
that I have examined the poll-hook of the August election for district 
No. 2, in Boyle county, and find the vote of W T illiam Bowman therein 
recorded for J. S. Chrisman for Congress. 

Given under my hand this 23d day of August, 1859. 

JAS. F. ZIMMERMAN, Clerk . 

Also the deposition of Alexander McSneed, taken by same party, 
at same time and place : 

By Mr. Anderson. If you are acquainted with Nicholas Walter, who 
voted at precinct No. 3, in Boyle county, at the August election, 1859, 
for James S. Chrisman, state what you do know about him. How 
long had he been in Boyle county prior to the election ? 

Answer. I know Mr. Walter ; he worked here some time ago ; I do 
not know how long he was about. This man is registered here the 
24th day of July last. 

By same. Did he ever claim, so far as you know, your house as his 
home since he left Danville, some time ago? 

Answer. I don’t know anything about it; he never said anything 
about it pro or con. I have been keeping tavern in Danville for some 
time past. 

By Mr.‘ Chrisman. Is not Walter now in Boyle county, and has he 
not resided in Boyle since his return to this place at the time you 
speak of ? 

Answer. I saw him a few da) s ago. He hoarded with me about a 
week after the election. 

By Air. Anderson. Were you or not at the last August election a 
candidate for the State legislature? Did you not canvass the county 
pretty thoroughly? and well acquainted in the county and particu¬ 
larly in district No. 3, where you resided ; and if so, did you ever hear 
of or know any such man as Henry White? 

Answer. I was a candidate at the last August election for the State 
legislature, and am very well acquainted in the county, hut do not 
know any such man in the county as Henry White. 

By same. Who was clerk of the election of precinct No. 3, and of 
what politics is he ? 

Answer. Samuel Messich, I believe. He is a democrat. 

By same. Is he or not a bitter, uncompromising, relentless demo¬ 
crat? 

Answer. He is a strong democrat. 

By Chrisman. W 7 ere there not four officers conducting the election? 
Were not they equally divided in politics between Anderson and 
Chrisman ? and are not the friends of Anderson as decided in their 
politics as Mr. Messich ? 

Answer. Yes ; I believe they were. 


72 


KENTUCKY CONTESTED ELECTION 


By same. Has Samuel Messich the reputation of being an honora¬ 
ble man ? 

Answer. I believe be has. 

By Mr. Anderson. Do you know William Greer, who voted in 
district No. 3, in Boyle county? If so, what do you know in regard 
to bis residence ? 

Answer. I know him. He was absent from here, in Missouri, 
He taught school out there. He returned home a short time before 
the election ; I do not know how long before. 

By same. Is he or not a single man, and generally engaged in 
school-teaching as a business, and where he is for the time being is 
his home? 

Answer. He is a single man. He teaches school when not going 
to school, and lives where he teaches, so far as I know. 

By same. Do you know how long he taught school in Missouri ? 

Answer. Several months. 

By same. Is he engaged in any business here now except going to 
school ? 

Answer. None at all. He is now going to the theological sem¬ 
inary at this place. 

By same. If you know William Beazley, state what you know 
about his residence. 

Answer. I know him. I first became acquainted with him whilst 
he was going to school at the Deaf and Dumb Asylum in Danville. 
He was living in the town and county before the election. The town 
and county embraces districts Nos. 1 and 2. 

By same. Had you seen him in Kentucky at any time within twelve 
months previous to your becoming a candidate for the legislature, 
about two months before the election ? 

Answer. I don’t recollect of seeing him in that time. 

By same. Is he or not deaf and dumb, a painter, and living with 
Crowder in the district where he voted ; and did you ever hear that 
he claimed any other place than Boyle county as his home ? 

Answer. He is deaf and dumb ; is a painter by trade. He is living 
with Crowder, and in the precinct in which he voted. I never heard 
of him claiming any other place as his home. 

By Chrisman. Did you ever hear of his claiming any residence at 
all; and if so, when and where was it? 

Answer. He never told me he claimed any place as his residence. 

By same. Were you not a warm and active friend of Mr. Ander¬ 
son at the election ? 

Answer. I was. 

By same. When did you first hear of the rumor that a mistake had 
been made in the addition of the vote in Cumberland county to the 
prejudice of Chrisman ; and from whom did you hear it? 

Answer. I heard it on Sunday morning preceding the third Mon¬ 
day in August. I first heard it from Mr. Boier, and then Judge 
Brawtill. 

By same. Was it not agreed among the friends of Mr. Anderson 
that this news should he kept a profound secret from the friends of 
Chrisman in Danville until a messenger could be sent to Frankfort ? 


KENTUCKY CONTESTED ELECTION. 73 

Answer. I don’t know there was any argument about it; but all 
thought it was sent. 

By same. Was there a consultation of the friends of Mr. Anderson 
held in Danville on that day as to what course ought to be pursued in ref¬ 
erence to that report? and if so, name the persons in that consultation. 

Answer. I don’t know that I consulted with any person about it, 
except that I said something to Mr. Barber about it; and we thought 
to communicate it to Mr. Anderson by telegraph or some other way. 

By same. Did not yourself and William R. Boice, on Sunday, about 
the middle of the day, perhaps a little later, get in a buggy and go to 
Frankfort that night? 

Answer. We did. 

By same. Was Mr. Anderson in Frankfort when you got there; 
if not, where was he? And did you telegraph him to come to Frankfort, 
and did he not come up to Frankfort the next morning? 

Answer. He was not there when we got there ; he was in Louisville; 
I did not telegraph him ; we got there the next morning. 

By same. Was it not one of the objects of your visit to Frankfort 
to anticipate the reception of the news of the discovery of the mistake 
in Cumberland by the ordinary channels of communication ? 

Answer. I went there to carry this information to Mr. Anderson ; 
I thought probable he had not received it. 

By same. What did you suppose Mr. Anderson could do by getting 
the information sooner than to await his arrival at home ? 

Answer. I thought he could see whether they would admit addi¬ 
tional returns, and if so, that he might get those which were in his 
favor. 

By same. Up to that time, then, did you or not know whether addi¬ 
tional returns would be received by the State board ; I mean up to the 
time that you went to Frankfort ? 

Answer. I did not ; I was informed on Sunday night, after I ar¬ 
rived there, by Humphrey Evans, assistant secretary of state, that 
they would not receive any additional returns, and on Monday morning 
I received the same information from Colonel James H. Garrard, 
treasurer of the State ; and they had not at that time got any rumor 
of the mistake in the Cumberland vote. 

By same. Was it not one of the objects of your visit to Frankfort 
to obtain the certificate for Mr. Anderson before the news from Cum¬ 
berland had reached Frankfort? 

Answer. My object was to telegraph him ; I did not expect to get 
any certificate for Mr. Anderson, nor did I apply for it ; I intended 
to telegraph him, and give him the report, and let him do as he 
thought best. 

By same. Did you not expect that the certificate would be given to 
Mr. Anderson on that day? 

Answer. I thought probably they might issue it. 

By same. Do you know that application was made on that day, 
either by Mr. Anderson or his friends, to the State board to issue it? 

Answer. I do not; Mr. Anderson talked to them, I believe, and 
asked them if they would issue certificates that day ; they said the 


74 


KENTUCKY CONTESTED ELECTION. 


returns were not in from the whole State, and no certificate could be 
issued until the returns were all in, not to any one. 

By same. What persons in Danville had knowledge of the objects 
and purposes of your visit to Frankfort before leaving? 

Answer. Thomas P. Young, William R. Bain, Samuel P. Barbee, 
W. A. Havens, George Erwin, and perhaps others ; I don’t recollect; 
I know I did not communicate it to but very few ; I did not think 
that was the way to get along. 

By Anderson What Is the politics of James H. Garrard, State 
treasurer ? 

Answer. Democratic ; and elected this year by the democratic party 
as State treasurer. 

By same. Did he or not, after your arrival at Frankfort and before 
the rumor about the Cumberland mistake, say that the board would 
not receive amended returns, and that he thought they were right 
about the matter ? 

Answer. He stated that on Monday morning, before the news of the 
Cumberland vote came in. 

By same. Did or not all the democrats that you heard speak about 
the matter claim that no additional returns ought to be received 
before they heard about the reputed mistake in Cumberland; and 
after they heard that did they not change and alter positions? 

Answer. It was the opinion of one party (the democratic party) 
that they ought not to be received, and the other that they ought; 
that was before they heard the news of the Cumberland vote ; since 
that the parties have changed opinions. 

By same. Was it or not your object in going to Frankfort to inform 
Mr. Anderson, if you could, that there was a rumor of a mistake in 
Cumberland to the prejudice of Mr. Chrisman of ten votes, and to 
give him an opportunity to see whether or not there were mistakes to 
his own prejudice ; and if the board would receive additional returns, 
to give him time to send them in? 

Answer. Yes ; it was. 

By same. You have been asked whether or not Mr. Bain went to 
Frankfort; now state whether or not you understood on the Monday, 
the next day after you went to Frankfort, that Mr. Chrisman and his 
friends were about to start to Frankfort. 

Answer. I understood so on Tuesday after I got back from Frank¬ 
fort 

By same. Did or not Mr. James S. Chrisman, who was Mr. Ander¬ 
son’s competitor, go to Frankfort and remain a week or more, and 
until after the certificate did issue ? 

Answer. I understood so. 

By same. Was it or not the common report of both parties in Boyle 
on the night of the election, after the polls closed and the comparison 
made, and for days afterwards, that Anderson’s majority was 490? 

Answer. It was ; I made the calculation from the statements sent 
me from Perryville after the closing of the polls there and here, 
and the majority, as made from those statements, was 490. 

By same. Were you or not surprised to hear that the majority as 


KENTUCKY CONTESTED ELECTION, 


75 

reported at Frankfort was 486 ; and did you not count the books and 
ascertain that the real majority was 490? 

Answer. I always contended that it was 490. 

By Chrisman. If the object ot your visit to Frankfort was only to 
give information to Mr. Anderson of the rumor from Cumberland, 
and to give him time to counteract it, why did you expect the certifi¬ 
cate to be i sued to Mr. Anderson the next day ? 

Answer. Because the returns from the district were all in, as I saw 
from the published reports. 

By same. If, then, the State board had intended to act on the 
returns then in, why did Mr. Anderson want time, in your judgment, 
to counteract the Cumberland vote ? 

Answer. I did not know they intended to act upon the returns then 
in. That is what I wanted to find out. 

By same. If such was your only object, why the necessity of keeping 
your movements a secret? 

Answer. So as to get as many additional returns in on our side 
as possible before the board of examiners closed. 

By same. Would this secrecy have contributed to getting in more 
returns for Anderson ; and if so, how ? 

Answer. It would have kept the other side a little behind, as I 
thought. 

By same. Do you not know that Chrisman went to Frankfort 
many days alter you had left there, at least ten days ? 

Answer. Yes. 

A. H. SNEED. 

Also the deposition of Henry B. Stanwood, taken by same party, 
at same time and place : 

By Mr. Anderson. Do you know Nicholas Walter, who voted at 
precinct No. 3, Boyle county, Kentucky, at the last August election, 
for Chrisman ? If so, state when and where you saw him prior to the 
election, and what he said to you about his residence. 

Answer. I saw him at the residence of a Presbyterian preacher, in 
Jefferson county, near the city of Louisville, on the 4th day of July 
last preceding the election. I asked him if he was living there. He 
said he was, and seemed to be at home. 

By same. Did he at that time claim to be a resident of, or entitled 
to vote in, Boyle county, Kentucky ? 

Answer. I don’t know. I asked him if he had been at Danville or 
not since I last saw him ; and he did not know when he would go 
up. The preacher’s name at whose house I saw him was Stewart 
Robinson. 

HENRY B. STANWOOD. 

At the request of Samuel P. Barber, he asks leave of the officer 
taking the depositions to correct a statement made by him in answer 
to the last question asked by Mr. Chrisman, in the deposition made 
by him ; which request is granted by that officer. 


76 


KENTUCKY CONTESTED ELECTION. 


But to which the counsel for Chrisman excepts to reopening his 
deposition, because the same was formally closed on yesterday, and 
because the judge ought not to permit his re-examination. 

He answers now and says, in answer to the last question by Chris¬ 
man in his deposition, through urgency of business I misconstrued 
his question, and answer that I heard an opinion that all amended 
returns were debarred, as my evidence will show in my deposition. 

SAM. P. BARBER. 


The counsel for Chrisman excepts— 

1. To the deposition of each witness whose depositions have been 
taken of which notice was not given to said Chrisman. 

2. To the statements of each and every witness who detailed hear¬ 
say statements. 

3. To the statements and deposition of each witness who speaks of 
or in relation to any vote which was not regularly challenged by Mr. 
Anderson in his response or answer to Chrisman. 

CHRISMAN. 

The contestee, W. C. Anderson, excepts to the answers of all ques¬ 
tions propounded by Chrisman on cross-interrogation where new 
matter was introduced by such cross-examination ; he also excepts to 
any statements given on Chrisman’s interrogations which are hear¬ 
say. 

W. C. ANDERSON. 


State of Kentucky, County of Boyle , set: 

I, Speed S. Fry, presiding judge within and for the county and 
State aforesaid, do hereby certify that the foregoing depositions of the 
various persons whose names are affixed to their several depositions 
were taken before me, and were read to and subscribed by them at the 
time and place, and in the matter of contest pending between J. S. 
Chrisman and W. C. Anderson in the 36th Congress of the United 
States, the witnesses having been all first duly sworn by me that the 
evidence they should give should be the truth, the whole truth, and 
nothing but the truth, and their statements partly reduced to writing 
by me, and partly by James F. Zimmerman, by consent of M. T. Chris¬ 
man, counsel for J. S. Chrisman, in the presence of the witnesses. 

Given under my hand at Danville, Boyle county, and State of 
Kentucky, this 25th day of October, 1859. 

SPEED S. FRY, 

Presiding Judge of Boyle County. 

State of Kentucky, Boyle County , set : 

m I? James F. Zimmerman, clerk of the Boyle county court, do cer¬ 
tify that Speed S. Fry, whose genuine signature appears to the fore¬ 
going certificate, is now, and was at the time of signing the same, the 
presiding judge of the said court, duly elected, commissioned, and 


KENTUCKY CONTESTED ELECTION. 77 

qualified, and that full faith and credit are due to all his official acts 
as such. 

In testimony whereof, I hereto set my hand and affix the seal of 
r said court, at my office, in Danville, State and county aforesaid, 
L * -1 this 15th day of November, 1859. 

JAMES F. ZIMMERMAN, 

Clerk of Boyle County Court. 


James S. Chrisman : 

Sir : I have received a paper from you, purporting to be a notice 
contesting my right to a seat in the 36th Congress of the United 
States from the fourth district of Kentucky. You are notified that I 
shall object to the said notice, and ask for its quashal upon the fol¬ 
lowing grounds: 

First. It does not give the residence of the voter who is challenged. 

Second. It does not give the county or precinct in which the vote 
was cast. 

Third. It does not state particularly the grounds upon which you 
rest the contest, as required by the act of Congress. 

In response to paragraph No. 1 in your pretended notice, I deny 
that the majority of the votes polled at the August election, 1859, 
were given for you. 

I deny that, by a mistake made by the county board of Cumberland 
county, you received a smaller number of votes than were cast for you, 
and I a larger number than were cast for me. I state the facts to be 
as follows : The poll-books of Cumberland county were certified, (al¬ 
though some of them illegally, of which I shall speak hereafter,) 
sealed, and delivered, as required by the law entitled u election,” 
Revised Statutes of the State of Kentucky, pages 283 to 303, inclusive. 
The said poll-books were opened at the time required by law, and by 
the proper officers, and certificates of the votes cast were duly trans¬ 
mitted to the State board at Frankfort, and upon a comparison of the 
vote sent the said State board, upon all the returns sent in, according 
to law, at the proper time awarded me the certificate of election. 
Before the said certificate was granted the result was published in 
the public newspapers, by which I received a majority of three votes ; 
and so soon as said publications were made, it was pretended that a 
mistake of ten votes had been made against you at the Kettle Creek 
precinct, in Cumberland county. It is true that an amended certifi¬ 
cate, signed by only two of the examiners for Cumberland county, 
was sent to the State board at Frankfort, and they refused to receive 
the same, upon the ground that the county board had no right to 
reassemble after the time fixed by law, and amend a certificate once 
transmitted and made out at the proper time. They were, to all intents 
and purposes, functus officio. Before, however, the amended return 
was sent from Cumberland county, a mistake to my prejudice of four 
votes was discovered on the poll-books of Boyle county, and an 
amended return stating this fact was transmitted by the county board 
of Boyle to the State board at Frankfort, and when the fact was made 
public in the district that such an amended return had been sent, nearly 
every democrat in the community, and yoursell included, stated that 


78 


KENTUCKY CONTESTED ELECTION. 


it would be a gross outrage for the State board to receive additional 
returns after the official vote bad once been sent in. It was then 
supposed that the vote between us was a tie, and by the laws of Ken¬ 
tucky in such cases the casting of lots was required, and your 
chances for an election would have been equal with my own. When you 
and your friends, however, heard of this pretended mistake in Cum¬ 
berland county, you shifted your positions and contended that the 
board ought to receive amended returns. The case being altered, 
altered the case. I contend that the State board at Frankfort acted 
lawfully and properly, and I refer you to their published statement, 
signed by the governor, secretary of state, and attorney general 
of Kentucky. I do not know and I do not admit that the mistake that 
you complain of occurred. It may be true, according to the books as 
they noiv stand, that such a mistake was made, but it is exceedingly 
strange that the mistake was not discovered for nearly two weeks 
after the comparison of the polls, and that comparison, too, made in 
the presence of a number of your friends, who aided in the. addition 
of the books, and also after it was ascertained from the returns sent 
in that I was elected by a majority of three votes. If, however, the 
mistake really did occur, I notify you that mistakes of a similar 
character, and others of a different character, were made against me, 
of which I will speak more particularly hereafter. I deny the charges 
made in paragraph No. 1 of your pretended notice. 

I deny the charges in paragraphs 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 
12 of your said notice. 

I deny that the persons you have named as having voted for me 
were illegal voters, as I will make fully to appear by the proof in 
proper time. 

I shall, upon the trial of the contest, challenge and insist upon 
striking off the votes of the following named persons, recorded on the 
poll-books at various precincts in the district, and for the reasons set 
forth next to the name of each. 

1. Henry M. Antle or Antell—who voted in White Oak district, in 
Adair county, because he lived in the county of Russell. 

2. R. M. Barnard—who voted at the same district, in the same 
county, because he had not been in the State, county, or precinct for 
the time required by law. 

3. George Simpson—who voted in the same district, in the same 
county, for the same reasons as above. 

4. Ben. F. Allen—who voted at the Neatsville district, in Adair 
county, because he was a resident of and lived in the White Oak 
district. 

5. Milton Polly—who voted at White Oak precinct, in Adair county, 
because he lived in the Harmony district. 

6. Elijah Leach—who voted at the same district, in the same county, 
because he was not a resident of said precinct for the time required 
by law. 

7. James B. Royse—who voted at the Columbia precinct, in Adair 
county, because he lived at the time at Haysville, in Marion county. 

8. Wm. P. Royse—who voted at the same district, in the same 
county, for the same reason as above. 


KENTUCKY CONTESTED ELECTION. 


79 


9. James Rayner—who voted at the Gradyville precinct, in same 
county, because he was not a resident of said precinct. 

10. Wra. Woodard—who voted at the same district, in the same 
county, because he was not a resident of the county or precinct in 
which he voted for the time required by law. 

11. George Green—who voted at the Harmony district, in same 
county, because he was not twenty-one years of age. 

12. James Jones—who voted at Neatsville district, in same county, 
for the same reason as above. 

13. Jonathan McElroy—who voted at the Harmony district, in same 
county, because he was not a resident of the county or precinct in which 
he voted for the time required by law. 

14. George D. Redmon—who voted at the White Oak district, in 
same county, because he was not twenty-one years of age. 

15. William alias Peter Walkup—who voted at White Oak dis¬ 
trict, in Adair county, because he was not a resident of said district 
for the time required by law, and in fact was a resident of the 
Harmony district, in same county. 

16. J. N. Vaughn—who voted at the same place, in same county, 
for the reason as above. 

17. Samuel Vier—who voted at Columbia district, in same county, 
because he was not a resident of the State, county, or precinct in which 
he voted, for the time required by law. 

18. William Vier—who voted at the same place as above, and for 
the same reason. 

19. Joshua Prewett—who voted at the White Oak district, in 
Adair county, because he was a resident of Neatsville district, and 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

20. Irvine Keaton—who voted at the Harmony district, in Adair 
county, because he was not a resident of the county or district in 
which he voted for the time required by law ; in fact, he was a resi¬ 
dent of the county of Cumberland. 

21. Nathaniel Wade—who voted at Grady ville district, in same 
county, because he was not twenty-one years of age. 

22. William J. Cooley—who voted at the Neatsville district, in 
same county, bicause he was not a resident of said district for the 
time required by law. 

23. William Bryant—who voted at the same place as above, and 
because of the same reason as above. 

24. Morgan Simpson alias R. W. Simpson—who voted at Neats¬ 
ville, in same county, because he was not twenty-one years of age. 

1. Nicholas Walter or Walters—who voted at district No. 3, in 
Boyle county, because he was not a resident of the county or precinct 
in which he voted for the time required by law. 

2. A. G. Talbot, jr.—who voted at precinct No. 4, in same county, 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

3. Chas. Voss—who voted at the same district, in same county, for 
the same reason as last above stated. 


80 


KENTUCKY CONTESTED ELECTION. 


4. William Crow—who voted at district No. 3, Boyle county, for 
the same reason as last above named. 

5. C. P. Springer—who voted at district No. 3, in Boyle county, 
because he was not a resident of the county or precinct in which he 
voted, and for the time required by law. 

6. A. Fulkerson, jr.—who voted in district No. 2, in Boyle county, 
because of the same reason as last above named. 

7. James Owens—who voted at district No. 3, in Boyle county, 
because of the same reason as last above named. 

8. Garrett Lane—who voted at district No. 3, in Boyle county, 
because of the same reason as last above named. 

9. Henry White—who voted at district No. 3, in Boyle county, 
because of the same reason as last above named. 

10. Abel Beeves—who voted at precinct No. 3, in Boyle county, 
because of the same reason as last above named. 

11. Samuel Goode—who voted at district No. 1 of Boyle county, 
because of the same reason as last above named. 

12. James Brennan—who voted in district No. 1 of Boyle county, 
because he is a foreigner, and not a citizen of the United States. 

13. John Hagan—who voted at district No. 2 of Boyle county, 
because of the same reasons as last above named. 

14. William Staley—who voted at same place, because of same 
reason as last above named. 

15. Michael Maho—who voted at same place, and because of same 
reasons as last above named. 

15. Patrick Conley—who voted at same place, and because of same 
reason as last above named. 

17. Frank O’Neil—who voted at district No. 4 of Boyle county, 
and because of same reason as last above named. 

18. James Fitzsimmons—who voted at same place, because of same 
reason as last above named. 

19. Henson Gee—who voted in district No. 1, in Boyle county, 
because he is an idiot. 

1. James F. Alstott alias Fletcher Alstott—who voted at Bolling 
Fork precinct, in Casey'county, because he was not twenty-one years 
of age. 

2. Michael McCarty—who voted at same place as last above named, 
because he was a foreigner, and not a citizen of the United States. 

3. Isaac Boaten—who voted at Liberty precinct, in Casey county, 
because he was not a resident of the State, county, or precinct, in which 
he voted for the time required by law. 

4. James Wilson—who voted at Liberty precinct, in Casey county, 
because of the same reason as last above named. 

5. J. E. King—who voted at the Jenkins district, in Casey county, 
because he was not twenty-one years of age. 

6. J. H. Bryant—who voted at the Bolling Fork precinct, in Casey 
county, because he was indicted, sentenced, and convicted to the peni¬ 
tentiary from said county for felony, and served his time out in the 
penitentiary, and was thereby legally disfranchised. 

7. Martin B. Blevins—who voted at the Tates district, in Casey 
county, because he was not a resident of said district for the time 


KENTUCKY CONTESTED ELECTION. 81 

required by law. He was, in fact, a resident of the Jenkins dis- 
trict. 

8. Commodore Minor—who voted at Rolling Fork precinct, in 
Casey county, because he had before the election removed to Marion 
county, and was not a resident of the county in which he voted. 

1. Thomas Stockton—who voted in district No. 4, Clinton county, 
because he was not a resident in the State, county, or precinct in 
which he voted for the time required by law. 

2. James Johnson, jr.—who voted in district No. 1, of Clinton 
county, because he resided in district No. 4, of said county. 

3. John Semans—who voted in district No. 3, of Clinton county, 
because he was under twenty-one years of age. 

4. John Hughes—who voted at district "No. 2, of Clinton county, 
because of the same reason as last above named. 

5. Elijah Brown—who voted in district No. 5, of same county, and 
for the same reason as last above named. 

6. John Guthrie—who voted in district No. 1, of Clinton county, 
because he lived at the time in district No. 3, of said county. 

7. 8. J Vance—who voted in district No. 5, in Clinton county, 
because he lived at the time in district No. 4, of said county. 

8. Joshua Bird well—who voted in district No. 2, of Clinton county, 
because he lived in district No. 1, of said county. 

9. George Wilkerson—who voted in district No. 2 of Clinton county, 
because he was a foreigner and not a citizen of the United States. 

10. Jno. Travis—who voted at same place as last above named, 
and because of same reasons. 

11. David Gwinn—who voted at the Albany district of Clinton 
county, because he lived at the time in the Hays district, of said 
county. 

12. James Hail—who voted in district No. 3 of Clinton county, 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

13. Calvin Givens—who voted at the Albany district, in Clinton 
county, because he is non compos mentis , in other words, an idiot. 

14. Frederick Greir—who voted at the Piney Woods district, in 
Clinton county, because he is a foreigner and not a citizen of the 
United States. 

1. Samuel Sparks—who voted at Burksville precinct, in Cumber¬ 
land county, because he was not a resident of the State, county, or 
precinct in which he voted for the time required by law. 

2. James H Bird—who voted at same place, and for the same 
reasons as last above named. 

3. Henry Smith—who voted at same place, and for same reasons as 
last above named 

4. John Niel—who voted at same place, and for same reasons as 
last above named. 

5. Ben. Farmer—who voted at same place, and for same reasons as 
last above named. 

6. G. J. Furkin—who voted at same place, and for same reasons 
last above named, and because he lived at the time in the Elliott dis¬ 
trict of said county. 

H. Mis. Doc. 11-6 


82 


KENTUCKY CONTESTED ELECTION. 


7. Jno. Wright—who voted at same place, and because he was not 
a resident of the State, county, or precinct in which he voted, for the 
time required by law. 

8. J. W. Poulson—who voted at Kettle Creek precinct, in Cum¬ 
berland county, because of the same reasons as last above named. 

9. Jacob Dal worth—who voted at same place, and for same reasons 
as last above named. 

10. A. J. Wilkerson—who voted at Whetstone district, in Cumber¬ 
land county, because he resided at the time in Adair county. 

11. John Cooksey—who voted at same place, because he resided at 
the time in Clinton county. 

12. John Johnson—who voted at the Kettle Creek precinct, in 
Cumberland county, because he was not 21 years of age. 

13. Henry Givens—who voted at the Whetstone precinct, in Cum¬ 
berland county, because he had not been a resident of the State, 
county, or precinct in which he voted for the time required by law. 

14. James Smith—who voted at the Kettle Creek precinct, in Cum¬ 
berland county, because he had not been in the State or county the 
time required by law, and because he was at the time a resident of 
Tennessee. 

15. Alfred Scott—who voted at same place, and for same reasons 
as last above named. 

16. John Powell—who voted at the Elliott district, in same county, 
because he was not a resident of the State, county, or district in which 
he voted for the time required by law. 

17. Humphrey Krider, or Crider—who voted at the Elliott district, 
in Cumberland county, because he was not 21 years of age. 

1. Sam. Powell—who voted at Stanford, in Lincoln county, because 
he was not a resident of the State, county, or precinct in which he 
voted for the time required by law. 

2. John Severance, jr.—who voted at Crab Orchard precinct, in 
Lincoln county, because he was not at the time a resident of the county 
or precinct in which he voted. 

3. Stephen Blankenship—who voted at the same place as last above 
named, because he was at the time a resident ot Walnut Flat district. 

4. J. Waterhouse—who voted at same place as last above named, 
because he had not been a resident of the State, county, or precinct 
in which he voted for the time required by law. 

5. G. Payne—who voted at Crab Orchard precinct, in Lincoln 
county, because of the same reasons as last above named. 

6. Wiley Davis—who voted at the same place, because of the same 
reasons above last named. 

7. Stout Higgins—who voted at the Walnut Flat precinct, in Lin¬ 
coln county, because he had lost his citizenship in said district, and 
because he had not been in the State, county, or district in which he 
voted, for the time required by law. 

8. William Lyton—who voted at Waynesburgh, in Lincoln county, 
because he was not a resident of the State, county, or precinct in which 
he voted for the time required by law. 

9. James Stout—who voted at the same place, and because of the 
same reasons as last above named. 


KENTUCKY CONTESTED ELECTION. 


83 


10. Zach. Cash—who voted at the same place, and because of the 
same reasons as last above named. 

11. Levi Cotten—who voted at Turnersville precinct, in Lincoln 
county, because he was not a resident of said precinct, and because at 
the time he actually lived in Casey county. 

12. Cornelius Campbell—who voted at Hustonville, in Lincoln 
county, because he was a foreigner and not a citizen of the United 
States, and not a resident of the State, county, or precinct in which 
he voted for the time required by law. 

13. John Shenan or Shenandow—who voted at the same precinct 
as last above named, and because he was not 21 years of age. 

14. Charles McWilliams—who voted at the same precinct as last 
above named, because he was not a resident of the county or precint in 
which he voted for the time required by law, and because he was at 
the time a resident of Fayette county, Kentucky. 

.15. Adam Petree—who voted at the Crab Orchard precinct, in 
Lincoln county, because he was not 21 years of age. 

Jesse Hoythe—who voted at Waynesburgh, in Lincoln county, be¬ 
cause he had before the election removed to Rockcastle, and was not 
a resident of the precinct in which he voted. 

1. L. E. Reed—who voted at Creelsborough district, in Russell 
county, because he had not been in the State, county, or precinct the 
time required by law. 

2. James M. Luster—who voted at the same place, because of the 
same reasons as last above named. 

3. Silas alias Cyrus Collins—who voted at same place, and because 
of same reasons as last above named. 

4. Albert McDowell—who voted at precinct No. 1, in Russell 
county, because he was at the time a resident of precinct No. 2, in 
said county. 

5. William Sharp—who voted in Jamestown, Russell county, be¬ 
cause he was not at the time a resident of said precinct. 

6. Elijah Lowe—who voted at the Wolf Creek precinct, in Russell 
county, because he had not been a resident of the State, county, or 
precinct for the time required by law. 

7. Lindsey Brummett—who voted at Lairsville precinct, in Russell, 
because he lived at the time in Clinton county. 

8. James P. Miller—who voted at Creelsboro, in Russell county, 
because at the time he was a resident of Adair county. The acts of 
the general assembly of the State of Kentucky for 1825, makes the 
house in which said Miller resides in Adair county; pages 40 and 41. 

9. Allen Rytre—who voted at Creelsboro, in Russell county, be¬ 
cause he was at the time a resident of Clinton county. 

1. William Redding—who voted at Salem precinct, in Taylor county, 
because he had not been a resident of the State, county, or precinct 
the time required by law, and because he refused to be sworn. 

2. William Sullivan, jr.,—who voted at the same place, and for 
the same reasons (first) last above named, 

3. James H. Ratliff—who voted at Little Pinchem district, in Tay¬ 
lor county, because of the same reasons last above named. 


84 


KENTUCKY CONTESTED ELECTION. 


4. Frank Rhodes—who voted at the Newsville district, in Taylor 
county, because he was not twenty-one years of age. 

5 Marian Peterson—who voted at the Campbellsville district, in 
Taylor county, because he was not a resident of the State, county, or 
precinct for the time required by law. 

6. Milton Simpson—who voted at Little Pinchem precinct, in Tay¬ 
lor county, because of the same reasons as last above named. 

7. Henry Sheffner—who voted at same place as last above named, 
because he was not twenty-one years of age. 

I deny that William Davis, and Jackson D. Richardson, and Wil¬ 
liam R. Cumbess, voted for you, and were so cried by the sheriff, and 
that the clerk omitted to record them for you; but I state that the 
same were properly recorded. 

I deny that the judges and clerk of election at the district in which 
Wiley Turner voted erased his name and vote without just reasons. 

I deny that the judges without good reasons refused to receive the 
vote of Anderson Hare. 

I deny that upon the poll-books the names of at. Harmon, George 
W. Crane, and Samuel Leffew, are recorded for me; but they voted 
for and are recorded for you. The vote of Nelson Pendegrait is re¬ 
corded for me, and I state that he so voted, and his vote was so re¬ 
corded by the clerk at the time. 

I deny that George Jones voted for you; I state that he voted for 
me at the polls, and was so recorded. 

I deny that the poll-books of the Ireland precinct, in Taylor county, 
are improperly certified; and also deny that the officers of said pre¬ 
cinct were not sworn according to law. 

I also deny that the poll-book of district No. 7, in Wayne county, 
was illegally and improperly certified. 

You are hereby notified that I shall object to, and insist upon re¬ 
jecting, the poll-book and the votes thereon recorded, of the Casey Creek 
precinct, in Casey county, because there is no certificate whatever 
upon said book. At said precinct the vote stood; Anderson, 49; 
Chrisman, 95. I shall also object to, and insist upon rejecting, the 
poll-book, and the votes thereon recorded, of the Harmony district, in 
Adair county, because the same is not certified according to law. At 
said precinct the vote stood Anderson, 37; Chrisman, 230. 

1 shall also object to, and insist upon rejecting, the poll-book and 
votes thereqn recorded, of the Whetstone precinct, in Cumberland 
county, because the same was not certified as required by law I shall 
also object to, and insist upon rejecting, the poll-book and the votes 
thereon recorded, of the Mansville district in Taylor, because the same 
was not certified as required by law. 

I shall also object to, and insist upon rejecting, the poll-books and 
the votes thereon recorded, of all the precincts in Wayne county, be¬ 
cause they were never sealed up and delivered to the clerk as required 
by law ; and if so delivered, were broken open before the time fixed by 
law, and also because the said poll-books were in your possession, and 
inspected by you and your political friends before the day fixed for the 
comparison of the polls. 

I shall object to, and insist upon rejecting, all the poll-books of Tay- 


KENTUCKY CONTESTED ELECTION. 


85 


lor county, because the same were not sealed up and delivered accord¬ 
ing to law ; and if so sealed and delivered, the seals were broken and 
the books opened before the day fixed by law for the comparison. 

I shall also object to, and insist upon rejecting, all the poll-books of 
Green county, because the same were not certified, sealed, and deliv¬ 
ered according to law ; and if so certified, sealed, and delivered, the 
seals were broken open on Tuesday (by your democratic friends) next 
after the election, and before the comparison. 

I shall also insist upon counting in my favor the following votes, 
which were cast for me, and were omitted to be recorded by the clerk: 

Richard Pendergraft—who voted at district No. 1, in Boyle county. 

Henson Pendergraft—who voted at the same place. 

David Wells—who voted at the Burksville precinct, in Cumberland 
county. 

Bethel, alias B. Compton—who voted at Gradyville precinct, in 
Adair county. 

A. J. York—who voted at district No. 3, in Clinton county. His 
name is recorded for W. A. Hoskins, a candidate for the State senate, 
instead of for Anderson for Congress. His name being recorded for 
Hoskins and Boles, who were both candidates for the senate. 

I shall also insist upon striking from your poll and adding to my own 
the vote of J. T. Reynolds, who voted in district No. 3, in Boyle 
county. He voted for me, and his vote was, by mistake of the clerk, 
recorded for you. 

J ames J ones—who voted at Grady ville precinct in Adair county. He 
voted for me, and his vote, by mistake of the clerk, is recorded for you. 

Cyrus Todd—who voted at the White Oak precinct, in Adair county ; 
he voted for me, and his vote by mistake of the clerk was recorded for you. 

I shall also insist upon striking from your poll the vote of Samuel 
M. Baker, who voted at Columbia, in Adair county. He voted for 
me, and his vote, by mistake of the clerk, was recorded for you and 
me both. 

M. Rhyne, F. L. Thomas, A. Palston, Ben Austin, J. C. Williams, 
J. C. Cundiflf, W. L. Baldock, W. J. Jones, Bird Russell, J. Abb- 
shear, all of whom voted at the Tate precinct, in Casey county, and 
their votes are recorded for you and me both, when they all voted for 
me. 

William Curry—who voted at Columbia, in Adair county. He 
voted for me, and his vote, by mistake of the clerk, is recorded for you. 

I shall also insist upon adding to my poll the names of the follow¬ 
ing voters, who were legal voters, and offered to vote, and were im¬ 
properly and illegally rejected by the judges of the election : 

Charles B. Kirkland—who offered to vote at precinct No. 1, Boyle 
county. 

B. W. Moss—who offered to vote in precinct No. 2, in Boyle county. 

Isaac F. Ivees—who offered to vote at Greeusburgh, in Greene 

county. 

I shall also insist on excluding the votes of the following named 
persons who were permitted to vote after the time fixed by law for 
closing the polls: 

Frank Dulany—who voted at the Crab Orchard precinct, in Lincoln 
county. 


86 


KENTUCKY CONTESTED ELECTION. 


William Griffin—who voted at same place. 

John Shilton, alias Chilton—who voted at the Jamestown precinct, 
in Russell county. 

I shall also insist upon adding to my poll the votes of the following 
named persons who voted for me, and were so recorded, and their 
votes stricken from the books by the judges of the election after said 
voters had left the polls, and were not recalled, and without their 
consent or approbation : 

Archibald Lindville—who voted at district No. 4, in Clinton county. 

Jesse Lindville—who voted in district No. 1, in Clinton county. 

W. A. Ellis—who voted in district No. 4, same county. 

I shall insist upon rejecting the 3d page of poll-book of precinct 
No. 5, in Russell county, because the same was not signed by the 
clerk, as required by law. On that page the vote stood : Chrisman, 
18; Anderson, 9. 

I shall also insist on striking from your poll the vote of W. R. 
Bowman, alias William Bowman, who voted in district No. 2, in 
Boyle county, because said Bowman gave no vote in the congressional 
race, and, by mistake of the clerk, his vote has been recorded for you. 

I shall also insist upon striking from your poll tbe vote of George 
R. Vaugbt, who voted at the Somerset district, in Pulaski county, 
because the vote of said Vaught was recorded by the clerk for you 
and myself both, when he voted for me. 

I shall also insist upon rejecting the poll-book, and votes thereon 
recorded, of the Bent district, in Pulaski county, because three of the 
officers who held the election in said district were of the same 
politics with yourself, and opposed to me in politics, when, by the 
laws of Kentucky, there should have been an equal division of the 
officers, if they could have been found in tbe district; and I allege 
that there were enough voters residing in the district who agreed with 
me in politics to have filled said offices. I state that Joseph Randall, 
a judge, Greenup Meece, sheriff, and Willis J. Stogsdill, clerk, of 
said district, are all democrats, and agree with you in politics, and 
held the election at said district; and at the district the vote stood: 
Chrisman, 68 ; Anderson, 2. 

I shall also insist that the vote of Frank Harrison, who voted at 
the Somerset precinct, in Pulaski county, be so changed as to give bis 
vote to me alone. By a mistake of the clerk he is put down as hav¬ 
ing voted for me and you both, when he voted for me alone. 

You claim that at the Kettle Creek precinct, in Cumberland county, 
a mistake of ten votes was made to your prejudice. If you receive 
the benefit of such pretended mistake—and I deny that such a mis¬ 
take was made—I shall claim that the whole vote of Kettle Creek 
precinct be rejected, because the vote of said precinct, or a large por¬ 
tion thereof, was recorded by one C. C. Huges, who was not the clerk 
of said election, and had no authority to act as such. 

I also claim that my actual majority from the county of Boyle was 
490 votes, when, according to the returns sent to Frankfort, it was 
only 486, and so counted in the returns. 

In the account sent to Frankfort from Adair county the majority 
against me was 550, when the actual majority was only 549. 


KENTUCKY CONTESTED ELECTION. 


87 


There are other mistakes to my prejudice, as I will show by the 
proof. According to the laws of Kentucky, voting has to be done 
viva voce , and clerks of elections may and actually do make mistakes, 
and many have been made to my prejudice. The democracy regard 
everything fair in politics, and after you had been defeated you ought 
to have submitted. Because frauds have been heretofore perpetrated 
by your party in elections, and men defeated when they were fairly 
elected, is no reason why you should now claim my seat/ I therefore 
say you cannot chisel me out of my seat, to which I am fairly and 
honestly elected. 

The treasury at Washington is empty, and will doubtless be if 
Buchanan democracy is continued in power. I am informed, and 
shall insist upon, and expect to prove, that you have said that you 
did not desire to contest my seat, but some of your party forced you 
to do it; and, even if defeated in Congress, you would get the mileage 
and compensation anyhow. 

4. Daniel Sullivan, sr.—who voted at the Greensburg district, 
Greene county, because he was not a resident of the State, county, 
and district the time required by law. 

5. Seldon Renfro—who voted at district No. 5, in Greene county, 
because of the same reasons as last above named. 

6. Thomas Elmore—who voted at district No. 4, in Greene county, 
because he was not 21 years of age. 

1. John Ping—who voted at the Dallas district, in Pulaski county, 
because he had not been a resident of the State, county, or district 
for the time required by law. 

2. William Thompson—who voted at the Dallas district, in Pulaski 
county, because he was not twenty-one years of age. 

3. William Pierce—who voted at the Harrison district, in Pulaski 
county, because he was not twenty-one years of age. 

4. David Sadler—who voted at the Harrison district, in Pulaski 
county, because he was not a resident for the time required by law ; 
in fact, he was a resident of Logan county, Kentucky, at the time of 
said election. 

5. Leroy Whitiss—who voted at the Gaines district, in Pulaski 
county, beoause he was not twenty-one years of age. 

6. Samuel Garland—who voted at the Point Isabel district, in Pu¬ 
laski county, because he had been indicted, convicted, and sentenced 
to the penitentiary, for felony in Whitley county, and served his time 
out therein, and was thereby by law disfranchised. 

7. Eli Dykes, jr—who voted at the Somerset district, in Pulaski 
county, because he was a resident of the Bent district, Pulaski county, 
at the time of said election. 

8. John L. Logan—who voted at the Harrison district, in Pulaski 
county, because he was not a resident of the State, county, or district 
for the time required by law. 

9. Samuel Thacker—who voted at the Juggernaut district, in Pu¬ 
laski county, because he had been indicted, convicted, and sentenced 
to the penitentiary, and served his time out therein, and was thereby 
disfranchised. 

10. Wesley Neal—who voted at the Buncomb district, in Pulaski 


88 


KENTUCKY CONTESTED ELECTION. 


county, because he was not a resident of the State, county, or district 
for the time required by law. 

11. Norris Williams—who voted at the Bent district, in Pulaski 
county, because he was not a resident of the State, county, or district 
for the time required by law. 

12. Washington Keynolds—who voted at the Bent district, in Pu¬ 
laski county, because of the same reasons as last above stated. 

13. James Parton—who voted at the Harrison district, in Pulaski 
county, because he was not twenty-one years of age. 

14. John Elder—who voted at the same district, for the same rea¬ 
sons above. 

15. Pleasant Jeffries—who voted at the Juggernaut district, in 
Pulaski county, because he was a foreigner, and not a citizen of the 
United States. 

16. Thomas Jenkins—who voted at the same district, and for the 
same reasons as above. 

17. Henderson Angell—who voted at the same district, because he 
was not a resident of the State, county, or district for the time re¬ 
quired by law. 

18. Patrick Doyle—who voted at the same district, because he was 
not a resident of the State, county, or district for the time required 
by law. 

19. Samuel Hansard—who voted at the same district, because there 
is no such voter living in said district. 

20. John Davis—who voted at the Somerset district, Pulaski county, 
because he was not twenty-one years of age. 

21. William Burton, son of Benjamin Burton—who voted at the 
Gaines district, Pulaski county, because he was not twenty-one years 
of age. 

22. Dunny Lustre, son of Jessie Lustre—who voted at the same 
district, and for the same reason. 

23. J. J. Smiley—who voted at the Grundy district, Pulaski county, 
because he was not a resident of the State, county, or district for the 
time required by law. 

24. Emerson Strunk—who voted at the Texas district, Pulaski 
county, because he was not twenty-one years of age. 

25. Joseph Keith—who voted at the same district, and for the 
same reason. 

26 Daniel Chitwood—who voted at the same district, because he 
was not a resident of the State, county, or district for the time re¬ 
quired by law. 

27. Jonathan Abbott—who voted at the same district, and for the 
same reason. 

28. John Brown—who voted at the same district, and for the same 
reason. 

29. Elijah Burton—who voted at the Gaines district, Pulaski 
county, because he was not twenty-one years of age. 

1. Samuel Chaney—who voted at the district No. 5, in Green 
county, because he was not twenty-one years of age. 

2. Isaac Hartfield—who voted at district No. 4, in said county, be¬ 
cause he was a foreigner, and not a citizen of the United States. 


KENTUCKY CONTESTED ELECTION. 89 

3. Samuel Bennett, jr—who voted in the same district last named, 
because he was not a resident of the State, county, or precinct for the 
time required by law. r 

1. George W. St. Johns—who voted at the district No. 1, Wayne 
county, because he was not a resident of the State, county, or precinct 
lor the time required by law. 

2. William Boston—who voted at district No. 1, of said county, 
because he was not a resident of the county or district for the time 
required by law. 

3. Charles Mitchell—who voted at the same place, because he has 
not been a resident of the Stale, county, or district for the time re¬ 
quired by law. 

4. E. B. Jones—who voted at the same district, because he is a for¬ 
eigner, and not a citizen of the United States, nor a resident of the 
State, county, or district the time required by law. 

5. J. J. Shepperd—who voted at the same district, because he was 
not a resident of the State, county, or precinct for the time required 
by law. 

6. Henry Graer—who voted at the same district, because he is a 
foreigner, and not a citizen of the United States. 

7. A. K. Bussell—who voted at the same district, because he was 
not a resident of the State, county, or district for the time required 
by law. 

8. James Low—who voted at the same district, because he was 
not a resident of the county or district for the time required by law. 

9. E. F. Wallen—who voted at the same district, because he was 
not a resident of the State, county, or district for the time required 
by law. 

10. Henry Martin—who voted at the same district, because he is a 
foreigner, and not a citizen of the United States. 

11. Andrew Henny—who voted at the same district, because he is 
not twenty-one years of age. 

12. John Chriswell—who voted at the same district, because he was 
not a resident of the county or district for the time required by law ; 
in Fact, he is a resident of Clinton county, Kentucky. 

13. G. B. Vaughn—who voted at the same district, because he is 
not a resident of the district. 

14. Shelby Thomas—who voted at the same district, because he is 
not twenty one years of age. 

15. Charles Orman—who voted at the same district, because he is 
a foreigner, and not a citizen of the United States. 

16. Geo. Smith—who voted at the same district, because he is not 
twenty-one years of age. 

17. Wm. Terry—who voted at the same district, because he was 
not a resident; in fact, he was a resident of Bussell county at the time 
of the election 

18. Geo. Arthur—who voted at the same district, because after he 
had voted for me, and left the polls, his name was erased from the 
poll-books. 

19. J. McBlack—who voted at the Millsprings district, Wayne 
county, because there is no such a voter in the district. 


90 


KENTUCKY CONTESTED ELECTION. 


20. Seaburn Crutchfield—who voted at the Millsprings district, in 
Wayne county, because he was not resident of the county, State, or 
district for the time required by law ; in fact, he is a resident of 
Kansas Territory, and voted, or said he voted, in said Territory; and, 
further, because he is not entitled to vote in Kentucky, or anywhere 
else, he being under twenty-one years of age. 

21. Thos. Rutherford—who voted at the same district, because he 
is not twenty-one years of age. 

22. Marion Stevenson—who voted at the same district, because he 
is not a resident of the county or district for the time required by law. 

23. Thos. Mus—-who voted at the same district, for the reason last 
above-named. 

24. Wm. Scantland—who voted at the same district, because be is 
not twenty-one years of age. 

25. Samuel Pennington—who voted at the same district, because 
he was not a resident of the State, county, or district for the time re¬ 
quired by law. 

26. Jno. Fredericks—who voted at the same district, because he is 
a foreigner, and not a citizen of the United States. 

27. James Daws—who voted at the same district, because he is not 
a resident of the county or district; in fact, he is a resident of Pulaski 
county. 

28. Wm. Dobkins—who voted at the same district, because he was 
not a resident of the State, county, or district for the time required by 
law. 

29. H. P. Jones—who voted at the same district, because he was 
not a resident of the county or district for the time required by law. 

30. S. A. Hutchison—who voted at the same district, because he is 
not twenty-one years of age. 

31. Wm. Weaver—who voted at the same district, because, after he 
had voted, and several other voters had voted after him, he had his 
vote recorded for you, he not having voted for you, when he first cast 
his vote for other democratic candidates for the various offices of the 
State, &c. 

32. Thomas Simpson—who voted in Millsprings district, because 
he is under twenty-one years of age. 

33. George Payn—who voted at the same district, because he is an 
idiot. 

34. F. M. Marcum—who voted at the same district, because after 
he had recorded his vote for me, and had left the polls, his name was 
erased from the poll-book, so far as his having voted for me. 

35. William Foster, jr.—who voted in Mill Springs district, be¬ 
cause he is under age, and not a resident of tae district, as required 
by law. 

36. Alberry Shoat—who voted at the Edwards district, in Wayne 
county, because he was not a resident of the county for the time re¬ 
quired by law. 

37. Emerson Hancock—who voted at the same district, because he 
was Lot 21 years of age. 

38. Wm. Rule—who voted at the same district, for the same 
reason last stated. 


KENTUCKY CONTESTED ELECTION. 


91 


39. Shelby Denny—who voted at the same district, for the same 
reason last stated. 

40. Wm. Carter—who voted at the same district, because he was 
not a resident of the State, county, or district for the time required 
by law. 

41. Granville Morgan—who voted at the same district, because he 
is not 21 years of age. 

42. C. F. Kidd—who voted at the same district, because he was 
not a resident of the State, county, or precinct for the time required 
by law. 

43. Wm. Sloan, jr.—who voted at the same place, because of the 
reasons above named. 

44. Berry Shoat—who voted at the same place, because of the 
reasons above named. 

45. Andrew Hail—who voted at the South Fork district, in Wayne 
county, because he was not 21 years of age. 

46. Granville Spradlen—who voted at the same place, because he 
was not 21 years of age. 

47. William Breuster—who voted at the same place, because he 
was not a resident for the time required by law. 

48. Feter Phipps—who voted at the same place. He only voted 
for W. A. Hoskins, a candidate for the State senate ; he did not vote 
in the congressional race, and his vote, since the polls were returned, 
has been put down for Chrisman. 

49. Patten Foster—who voted in district No. 7, Dobbsville, be¬ 
cause he was not a resident for the time required by law. 

50. William King—who voted at the same place, because he was 
not 21 years of age. 

51. James Davis—who voted at the same place, and because he 
was not a resident for the time required by law. 

52. Frank Winchester—who voted at the same place, because of 
reasons last above named. 

53. Hiram Troxdall—who voted at the same place, because he was 
not 21 years of age. 

54. Bryant Thurston—who voted at the Mullentown district, 
Wayne county, because he was not 21 years of age. 

55. Granville Shoat—who voted at the same place, because he was 
not a resident for the time required by law. 

56. William Kennedy—who voted at the Sinking district, in 
Wayne county, because he was not a resident for the time required 
by law. 

57. Isaac Mason—who voted at the same place, because he is not a 
legal voter. 

58. Stephen Loveall—who voted at the same place, because he is 
under 21 years of age. 

59. Gideon Loveall—who voted at the same place, because he is 
not a regal voter. 

60. Christopher Jones—who voted at the same place, because he is 
not 21 years of age. 

61 John Henry—who voted at Mullenton, because he was not a 
resident of the county, State, nor district the time required by law. 


92 


KENTUCKY CONTESTED ELECTION. 


I have denied the charges in the paragraphs named, and may have 
omitted to speak of some special charges in your pretended notice ; if 
so, I hereby deny them ; but I do admit that Abraham Mounce, 
whose vote you challenged, as I suppose, was not a legal voter ; for, 
if you will examine the poll-books, you will find that the said Mounce 
voted for you, and is so recorded and counted. 

You have also challenged the vote of James Low. The said 
Jimmy voted for you, and is so recorded, and the same is illegal; 
and I therefore admit that, as he voted for you, his vote is illegal. 

I have been persecuted by the leaders of the democratic party, and 
my seat in the Congress of the United States has been contested ; but 
I expect to prove, and will prove, before said Congress that I am 
honestly, fairly, and legally elected to that position ; and I will state, 
that in the discharge of the high duty as the representative from the 
fourth congressional district of Kentucky, I will endeavor to so act as 
to meet with the confidence and respect of my constituents. The war¬ 
worn veteran ; the children of the country ; the widow ; the orphan ; 
shall, as far as my feeble efforts are concerned, be fully rewarded. 

W. C. ANDERSON. 

On the 8th day of November, 1859, before Thomas W. Napier, 
presiding judge of the Lincoln county court, at the court-house, 
in Stanford, Lincoln county, Kentucky, I shall take the depositions 
of R. Carson, J. B. Elder, A. Carson, Harrison Middleton, G-. 
H. McKinney, Ed. Caldwell, Peter E. Carter, H. W. Farris, S. 
E. Higgins, Sam'l Holmes, J. Johnson, Sidney Myers, James 
Beddow, J. Graham, H. E. Ousley, Hugh Hays, Finley Hays, John 
Raines, James Patten, Mrs. Lettie Patten, R. H. Givins, H. S. 
Carpenter, Robert White, W. F. Camden, Lieburn Johnson, A. R. 
Root, R. May, Adam Pence, James Bliss, F. Kauffman, Dr. Brown, 
John Tate, A. H. Campbell, Thomas Green, J. M. Cook, G. D. 
Weatherford, William Deyr, S. 0. Middleton, T. B. Dodds, Clinton 
Hocker, Alfred Skinner, Green Kidd, Wm. Peters, W. C. Hansford, 
Wm. King, Harvey McAllister, Reuben Williams, R. P. Graves, Isaac 
Gibson, D. J. Alcorn, Rich. Carter, Wm. Craig, Evan Waters, J. E. 
Huffman, R. W. Graham, Wm. Ousley, Wm. Bacon, all of which 
witnesses now reside in Lincoln county, State of Kentuckv. 

W. C. ANDERSON. 

James S. Chrisman. 

The commonivealtli of Kentucky to the Sheriff of Lincoln county , greeting: 

You are commanded to summon R. Carson, J. B. Elder, A. Carson, 
Harrison Middleton, G. H. McKinney, Ed. Caldwell, Peter E. Carter, 
H. W. Farris, S. E. Higgins, Sam’l Holmes, J. Johnson, Sidney 
Myers, James Beddow, Jeff. Graham, H. E. Ousley, Hugh Hays, 
Finley Hays, John Raines, James Patten, Mrs. Lettie Patten, R. H. 
Givins, H. L. Carpenter, Robert White, W. F. Camden, Lieburn 
Johnson, A. R. Root, R. May, Adam Pence, James Bliss, F. Kauff¬ 
man, Dr. Brown, John Tate,' A. H. Campbell, Thomas Green, J. M. 
Cook, G. D. Weatherford, William Deyr, S. 0. Middleton, T. B. 
Dodds, Clinton Hocker, Alfred Skinner, Green Kidd; William Peters, 


KENTUCKY CONTESTED KELECTION. 


93 


W. C. Ilansford, William King, Harvey McAlister, Reuben Williams, 
R. P. Graves, Isaac Gibson, D. J. Alcorn, Richard Carter, William 
Craig, Evan Waters, J. E. Huffman, R. W. Graham, William Ousley, 
Wm. Bacon, William Grady, Rich. Grady, John Griffin, Elisha Berry, 
W. A. Wood, R. W. Stephenson, S. D. Barnett, Green Barnett. Alex. 
Martin, B. F. White, Isaac Graham, Charles King, William Tuggle, 
A. J. Reynolds. Rob’t Buchanan, to appear before me in the court¬ 
house in Stanford, Lincoln county, Kentucky, on the 8th day of No¬ 
vember, it being Tuesday, to depose in the matter of the contested 
election pending before the House of Representatives of the United 
States, between James S. Chrisman and W. C. Anderson, the former 
being contested. 

And this they shall in nowise omit under the penalty of the law. 

THOMAS W. NAPIER, P. J. L. C. C. 

October 18, 1859. 


Chrisman vs. Anderson. 


Summons. 


i J. B. Elder, Sidney Myer, W. C. Ousley, Jas. Patten, Lettie R. 
Patten, John Tate, Clinton Hacker, Alfred Skinner, W. A. Wood, 
and Rob’t Buchanan, is not found within this my bailiwick. 

E. B. CALDWELL, S. H. 


November 7, 1859. 


Executed on— 

R. Carson, 1; A. Carson, 3; H. P. Middleton, 4; G. H. McKinney, 
5; E. B. Caldwell, G; Peter E. Carter, 7; H. M. Farris, 8; S. E. 
Higgins, 9; Samuel Holmes, 10; J. Johnson, 11; Jas. Beddow, 13; 
Jefferson Graham, 14; Hugh Hays, 1G; P. F. Hays, 17; John Raines, 
18; R. II. Givens, 21; H. L. Carpenter, 22; Robert White, 23; W. 
F. Camden, 24; Lieburn Johnson, 25; A. R. Root, 2G; R. May, 27; 
Adam Pence, 28; Jas. Bliss, 29; F. Kauffman, 30; Dr. Brown, 31; 
A. A. Campbell, 33; Thos. Green, 34; J. M. Cook, 35; G. D. 
Weatherford, 3G; Wm. Dry, 37; S. 0. Middleton, 38; S. B. Dodds, 
39; Green Kidd, 42; Wm. Petny, 43; Wm. 0. Hansford, 44; Wm. 
King, 45; Harvey McAlister, 46; Reuben Williams, 47; R. P. 
Gr 
Wm. 

ham, _ _, „. ^ 

Pink Grady, 59; John Griffin, 60; Elijah Berry, Gl; S. D. Barnett, 
G5; Green Barnett, 66; Alex. Martin, 67; Jacob Graham, 68; Charles 
King, 00, W- Tuggle, 10; A. J. Re,—. 

November 7, 1859. 


King, 45; Harvey McAlister, 4b; tfeuoen vvimams, 4<; r. 
3raves, 48; Isaac Gibson, 49; I). J. Alcorn, 60; R. E. Carter, 51; 
IVm. Craig, 52; Evin Waters, 53; J. E. Huffman, 54; R. W. Gra- 
,am, 55; Wm. W. Ousley, 56; Wm. Bacon, 57; \\ m. Grady, 58; 


Depositions taken by William C. Anderson, at the court-house, in 
the town of Stanford! Lincoln county, Kentucky, on the 8th day of 
November, 1859, before Thomas W. Napier, presiding judge of the 


94 


KENTUCKY CONTESTED ELECTION. 


Lincoln county court, to be read in the contested election case, 
pending before the Congress of the United States, wherein James S. 
Chrisman is contestant and W. C. Anderson is contestee. 

The deposition of William Bacon. 

Deponent being of lawful age, and first duly sworn, deposeth and 
saith: 

By Anderson: 

I voted at the last August election, in Lincoln county, at the 
Crab Orchard precinct. I voted for Anderson for Congress. I 
have resided in the State about three years, all the time in the 
county and precinct where I voted. My age is sixty-nine years. 

By Chrisman: 

I have been absent from the State during the time named. I 
came here about the last of October, 1856, and about the last of 
May, 1857. I went back to New York, on business, and was absent 
some two or three months. I have a wife. She is in Ogdensburg, 
New York. She has not been in Kentucky. The relation of hus¬ 
band and wife still exists between us. I expect her to come to 
Kentucky. She would have been here two years ago, but for the 
burning of my mills. I went there to bring her out, but my mills 
being burned, and that disarranging my business somewhat, she con¬ 
cluded it was best not to come at that time. We broke up house¬ 
keeping then, for the purpose of her coming out. I am not keeping 
house now either in Kentucky or Ogdensburg. She is living with 
one of her daughters. At the time of the election, and for two 
months preceding, I had been boarding at Mr. Carson’s, or at Mr. 
Farris’s, both in the precinct where I voted. 

By Anderson: 

When I returned to New York, I went there only on business, 
and for a temporary purpose. When I commenced building my 
mills here three years ago, I determined to make this my residence. 
My children had all married, or moved away from us. My wife 
is in New York merely for a temporary purpose. 

[Chrisman excepts to the reading of this deposition, because the 
same cannot be lawfully taken.] 

W. BACON. 

Also the deposition of Richard E. Carter, taken at the same 
time and place, by the same party, and for the same purpose. 

Deponent being first duly sworn, says: 

By Anderson: 

I reside in the Turnersville precinct, of Lincoln county. I acted 
as one of the judges of election at that precinct, at the last August 
election. I recollect that a man named Joseph McNiell voted there. 
He was sworn, as the poll-books will show. The questions laid down 
in the Revised Statutes were read to him at the time he voted, and 
after a statement of his case he was permitted to vote, and also we 


KENTUCKY CONTESTED ELECTION. 85 

heard the statements of Mr. Reed, with whom he lived, until some 
time in March, and of Mr. Harris, to whose house he moved some 
time in April, and w T ith whom he had lived up to the election, ex¬ 
cept a temporary absence in the mountains for two weeks, probably, 
when he was selling rights for a shingle machine. 

[Chrisman excepts to the reading of this deposition, because no 
notice was given to him that the same would be taken. He excepts, 
also, to so much thereof as details the statements of others.] 

I know James B. Elder ; he voted, at the last August election, at 
Turnersville precinct, in Lincoln county ; he was born and raised in 
the county of Lincoln ; he had resided in the Turnersville precinct, 
prior to the election, ever since I had known him ; he had been tem¬ 
porarily absent, but always claimed Lincoln county as his residence. 

By Chrisman: 

I asked Elder frequently, at various times, if his residence was 
in Mississippi, and he always answered no—that his home was 
in Kentucky. I know that, in the race between Talbot and 
Anderson, I wanted him to vote, and he said, if he was here, he 
would do so. He bought his father’s old place, in this county, in 
January last, and raised a crop there this year. Mr. Elder’s busi¬ 
ness is that of a negro trader ; he spends, about one-fourth of his time 
in Kentucky, and the balance of the time out of the State, so far as 
I know ; he may be in Kentucky a greater portion of his time, but it 
is not in this section, where I see him; he is not married ; he was 
here last January, stayed a short time, was then absent for a month 
or six weeks, then returned, and did not leave again until some time 
in October ; I know he has been here the most part of this year buy¬ 
ing up a lot of negroes. Elder has been to Mobile, but whether he 
is the proprietor of a negro house there or not I do not know ; I 
think he is interested in it; he has been, as he told me himself, but 
whether he is now or not I cannot say. When Elder came to vote, 
he was asked where he considered his residence ? His answer was, 
that he always considered Kentucky his residence. He was asked 
further, il he had not voted elsewhere? He replied that he had 
voted in Mississippi two yeais ago, and was solicited to vote there 
again last spring, but refused to do so, as he then considered Ken¬ 
tucky his permanent residence, and did not want to have two homes. 
He said, when he voted in Mississippi two years before, it was in a 
town election. Elder and his brother bought a farm from George 
Helm, and his brother lived on it; but James Elder had stock there, 
and, when he came to Kentucky, he stayed sometimes there and some¬ 
times at his mother’s—both places being in the Turnersville precinct. 
While in Mississippi, Elder, I heard, took out letters of adminis¬ 
tration on Sparks’s estate ; I learned this from Elder five years ago. 

By Anderson: 

James Elder’s mother resides now in the Turnersville precinct ; 
he has no family himself, but bought the place there for his 
sisters, and he provides for them. James and John Elder have 
both created accounts with me, and they have been paid some¬ 
times by James and sometimes by John. The blacksmitliing I did 


96 


KENTUCKY CONTESTED ELECTION. 


was charged to James Elder by his own, as well as John’s, directions; 
sometimes I was paid by one and sometimes by the other. I know 
that James Elder has two or three times, to my certain knowledge, 
paid accounts of Hooker’s, a merchant in Hustonville, which were 
created there by his sisters. 

I know a man named John Sherron. alias Sherrendon ; he has been 
living with Isaac Gibson, in the county of Lincoln, ever since I knew 
him. Gibson raised him ; I know nothing about his age only from 
observation ; I knew him when he was a small boy, and he is still 
living with Gibson without wages, so far as I know ; I would not take 
him to be over some nineteen or twenty years old. Gibson lives in the 
Hustonville precinct, and I do not know whether Sherron voted or not. 

By Chrisman: 

Sherron may be twenty-one years old. 

And further saith not. R. E. CARTER. 

Also the deposition of Hugh Hays, taken at the same time and 
place, by the same party, and for the same purpose : 

Deponent, being of lawful age, and first duly sworn, deposeth and 
saith : 

By Anderson: 

I know Samuel D. Barnett; I raised him pretty much; I sup¬ 
pose he is somewhere about twei ty-five years old; I do not 
recollect his age exactly, but he is somewhere about that age ; he was 
raised at my house ; he has been absent from the State several times 
in Illinois and Missouri, and once on a trip across the plains ; he has 
always had his home at my house, and has never moved his plunder 
from the State. The way he came to be absent from the State was, 
that I had given him and my son, James Campbell, some money to 
lay out in wild lands in the west, and he was absent for that purpose. 
He sometimes stayed at my son’s, (Findley Hays,) who lives in the 
same voting district with myself; he has always claimed this State as 
his home, and has been absent only temporarily. Neither of the boys 
bought any land, or made any location. Barnett went to trading 
some with the money he had, but never made any residence except this. 

By Chrisman: 

I think Barnett got back home last Christmas, or just after that 
time. I think he had been absent then about nine months out of 
the State, as well as I recollect. He is unmarried; has no family; 
has no house of his own, but has always had a home at my house. 

And further saith not. 

HUGH HAYS. 

Also the deposition of B. Findlay Hays, taken at the same time 
and place, by the same party, and for the same purpose. 

Deponent, being of lawful age, and first duly sworn, says: 

By Anderson: 

I have heard the deposition of my father just taken. I concur in 
the statements he has made in reference to Barnett, with the excep- 


KENTUCKY CONTESTED ELECTION. 


97 

tion that Barnett is a little older than my father thought. He is about 
twenty-eight years old. 

And further saith not. 

P. F. HAYS. 

Also the deposition of Samuel D. Barnett, taken at same time 
and place, and by same party, for same purpose. Deponent, being 
first duly sworn, says: 

By Anderson: 

I have heard the depositions of Hugh Hays and Findlay Hays read. 
I concur in their statements, except as to my age. I am just twenty- 
seven years old. I have never been six months in any Stat 9 , except 
Kentucky; nor have I, when away from home, been sixty days in any 
one precinct. All my wearing clothing has never been moVed, nor 
has my furniture. 

By Clirisman: 

I left Kentucky last fall and returned last spring. I have been 
from home repeatedly during the last eight years; but have never 
been absent at one time more than from nine to twelve months. I 
am unmarried. I went out west to look at the country, but never 
with any idea of settling there. I wrote back letters every year while 
I was gone that I was coming back home. I was in Kansas while 
absent, but never voted anywhere out of Kentucky. 

And further saith not. 

S. D. BARNETT. 

Also the deposition of Alexander Martin, taken at same time and 
place, by same party, and for same purpose. Deponent, being first 
duly sworn, says: 

By Anderson: 

I voted at the last August election at the Stanford precinct, in 
Lincoln county. I don’t know exactly to a day how old I then was, 
but I know I was over twenty-one or twenty-two years old. I have 
been living in the State all my life; never was out of it, that I know 
of. I had been in the precinct where I voted sixty-three days before 
the election, and had my clothes there. I moved my washing into it 
on purpose to get my vote there ; and was not out of it any more 
until after the election. I moved into this district from another dis¬ 
trict of the same county. The same candidates were voted for in all 
the precincts of the county. 

By Chrisman: 

I preferred to vote in the Stanford precinct, because I was going 
to move into it anyhow, and I had rather vote at the Stanford pre¬ 
cinct than to go to the Walnut Flat. Before I came into the Stanford 
district I had been living at the Walnut Flat district with Reuben 
Hammond. On the last day of May I started to come into the Stanford 
district myself, but did not quite get all the way. I got drunk, but 
made the trip the next morning. I have not drank anything scarcely 

H. Mis. Doc. 11-7 


98 


KENTUCKY CONTESTED ELECTION. 


since. I went to Wm. Martin’s the morning after I came to Stanford, 
and my washing was there until after the election, or at some other 
place in the same district. I work for a living, and depend upon my 
labor for a living. My home for the time is wherever I may be at 
work. From the time I moved my washing into the Stanford precinct 
I did not do any work outside of it until after the election. I do not 
remember how long I staid at Martin’s after I went there on the 1st 
of June; some two or three weeks—perhaps more. 

And further saith not. 

ALEXANDER MARTIN. 

[Chrisman excepts to the foregoing deposition, because no notice 
to take it had been given.] 

Also the deposition of John Rains, taken at same time and place, 
by the same party, and for the same purpose. Deponent, being first 
duly sworn, says: 

By Anderson: 

I live in the Walnut Flat district of Lincoln county. I think Alex¬ 
ander Martin left that neighborhood about the 27th of May last. I 
mean he left that precinct about that time. 

And further saith not. 

JOHN RAINS. 

Also the deposition of Reuben Williams, taken at the same time 
and place, by the same party, and for the same purpose. Deponent, 
being first duly sworn, says: 

By Anderson: 

I was at the Waynesburg precinct at the last August election. I 
remember that a man named James Stout voted there at that time. 
He voted for W. C. Anderson for Congress. I have examined the 
poll-books of that precinct, and find Stout’s vote set down for Chris¬ 
man. I heard Stout vote; was standing close by him when he voted. 

By Chrisman: 

Stout lives yet in the county of Lincoln, or was when I last saw 
him. He is an able-bodied man ; able to come to the court-house, 
but has no horse to ride. 

By Anderson: 

I have not seen Stout since the election, but have heard of his 
living there since the election. I know a man named Jesse Haythe 
or Heath, who voted at Waynesburg at the last August election. He 
voted the democratic ticket—for Chrisman for Congress, &c. I know 
that, some week or two before the election, he had moved his family 
to Rockcastle county, and was living there at last accounts. He left 
the precinct in which he voted himself, I think, in a day or so after 
the election. Before the election he had gone to Rockcastle himself, 
but came back. I do not know that he went with the intention of 
staying. 


KENTUCKY CONTESTED ELECTION. 


99 


I know A. J. Reynolds very well. He voted at the last August 
election at the Waynesburg precinct. I expect he is 50 years old, or 
near it. He has lived in the State ever since he was born; was born 
and raised in Lincoln county, and in the precinct where he voted. 

By Chrisman: 

I ara going on 33 years old. 

By Anderson: 

I have heard Reynolds himself say he had lived here all his life, 
and have heard his friends say the same. I have been often at his 
father’s house. 

I know B. F. White. I know nothing about his age. He came from 
Tennessee, and I do not know exactly how long he has been here. I 
think he came two years ago last fall. He set in at the Waynesburg 
precinct to make a crop last spring, and did, I believe, make a sort of 
a crop there. To the best of my recollection, I think he has been in 
the State more than two years. I am not positive about it, but know 
it has been a long time. 

By Chrisman: 

White is a married man ; has been married over a year. He staid 
at his father-in-law’s, in the Waynesburg precinct, awhile after he was 
married. I think he had been in the Waynesburg precinct six months 
previous to the election, and his wife with him. He might have been 
off at work, but his wife was there, I think, all the time. I do not 
think he was out of the State after he first came here. I do not know 
White has been here two years, but that is my present recollection. 

And further saith not. 

R. WILLIAMS. 

Also the deposition of W. F. Camden, taken at the same time and 
place, by the same party, and for the same purpose. Deponent, being 
first duly sworn, says: 

By Anderson: 

I am acquainted with B. F. White. I do not know his age. He 
said he was of age at the last May election, and he voted for me for 
justice of the peace. He came to my house in the fall of 1856. He 
has been living in this county ever since that time. Agreeably to 
my recollection about it, I don’t think he ever lived out of the 
Waynesburg precinct, where he voted, except that he worked awhile 
at Bridgewater’s mill, which is not in that precinct. I do not know 
how long he worked there. He had been long enough in the district 
at the last May election to have a vote there, and was there all the 
time until after the August election. White’s brother married my 
daughter. When he first came to Kentucky he came to my house 
and stopped there, his brother being there at the time. 

I know Jesse Haythe, who voted at the Waynesburg precinct at the 
last August election. I understood he voted for Chrisman. Haythe 
is not now in that precinct, but is living in Rockcastle county, as I 
understood. 

I know James Stout, who voted at Waynesburg last August. I had 
a conversation with him last Sunday. I asked him if he was sub* 


100 


KENTUCKY CONTESTED ELECTION. 


poenaed to attend here to-day in reference to giving deposition con¬ 
cerning his vote. He said he was not. I asked him then whom he 
voted for, and he replied that I knew very well that he had told me 
before the election that his vote was for Anderson for Congress, and 
for Lackey for county representative, and that he had so voted ; which 
I knew was the fact, because I had heard his vote cried myself. 

[Chrisman excepts to so much of this deposition as details any con¬ 
versation with Stout in regard to his vote.] 

By Chrisman: 

Stout lives about two miles from Waynesburg; is an able-bodied 
man and can come to Stanford, but I don’t think he has anything to 
ride. His residence is seventeen miles or upwards from Stanford, 
and about one mile further than mine. I have a horse to ride. 

By Anderson: 

I know A. J. Reynolds; we were school-boys together. I concur 
in the statement of Reuben Williams in regard to the residence of 
Reynolds. 

By Chrisman: 

I do not know of any illegal votes which were cast for Anderson at 
the last August election. 

By Anderson: 

I rather thought Haythe’s vote, which was cast for Chrisman, was 
illegal. I am a justice of the peace for the Waynesburg district. 
And further saith not. 

W. F. CAMDEN. 

Also the deposition of R. May, taken at the same time and place, 
by the same party, and for the same purpose. The deponent, being 
first duly sworn, says: 

By Anderson: 

I voted at the last August election at the Crab Orchard precinct, 
in Lincoln county. I voted for Anderson for Congress. I am in my 
28th year; have been in this State all my life. I moved into Lincoln 
county last July was a year ago, and have lived ever since that time 
in the Crab Orchard precinct, where I voted. And further saith not. 

R. MAY. 

Also the deposition of William Tuggle, jr., taken at the same time 
and place, by the same party, and for the same purpose. Deponent, 
being first duly sworn, says: 

By Anderson: 

I voted at the last August election at Crab Orchard precinct, in 
Lincoln county. I voted for Anderson for Congress. I was born and 
raised in Kentucky. I have made my home in the State since 1856, 
although since that time I have been out of the State on two trips. I 
had been living in the Crab Orchard precinct two years before the 
last August election. The trips I speak of were only for a temporary 
purpose, and on business, and my home was in Lincoln county. 


KENTUCKY CONTESTED ELECTION. 


101 


By Chrisman: 

I have made no trip to Tennessee in the last two years. I have 
been to Cairo, Illinois, within that time. I was there in January 
last, and got back home between the 1st and 10th of March. I am a 
farmer, and own a farm in this county. And further saith not. 

WILLIAM TUGGLE, Jr. 

Also the deposition of Reuben Moss, taken at the same time and 
place, by the same party, and for the same purpose. Deponent, being 
first duly sworn, says: 

By Anderson: 

I am acquainted with William Tuggle, who has just given his de¬ 
position. I have known him four years, if not longer. He has lived 
with me in the Crab Orchard precinct something over two years, 
and made those little trips he has spoken of since he has been living 
with me. He has not in that time, that I know of, claimed any other 
than my house as his residence. I reside in the Crab Orchard pre¬ 
cinct, where Tuggle voted. He had been residing in the State more 
than two years, and in the precinct where he voted more than sixty 
days before the election. And further saith not. 

REUBEN J. MOSS. 

Also the deposition of Thomas Green, taken at the same time and 
place, by the same party, and for the same purpose. Deponent, being 
first duly sworn, says: 

By Anderson: 

I acted as sheriff of the last August election at Hustonville pre¬ 
cinct, in Lincoln county. I recollect that a man named John Sherron 
or Sherrenden, voted there at that time. He voted for Chrisman. 

I remember that a man named Charles McWilliams voted there at 
the same election, and voted also for Chrisman. He is a foreigner. 
He was questioned at the time (on oath) if he was out of a job there 
where he would regard his home, and he replied that he would regard 
Lexington as his home. I do not remember whether he produced 
any naturalization papers or not. 

By Chrisman: 

McWilliams was asked the question if he was out of a job in the 
neighbood of Hustonville where he would then consider his home, 
and it was then that he answered Lexington. Upon the statement 
he made the judges permitted him to vote. I suppose he claimed 
to reside in the district, and for the time required by law, but I know 
nothing about that. He voted, I know. I, as one of the officers of 
the election, knew that foreigners were required to produce their nat¬ 
uralization papers, unless tne fact of their having them was known to 
some one of the officers. It was talked over by the officers that all 
foreigners offering to vote should be required to produce their papers. 

By Anderson : 

My understanding from McWilliams’ remarks at the polls was that 
he regarded Lexington as his permanent home. I understood from 


102 


KENTUCKY CONTESTED ELECTION. 


his remark, also, that he was a turnpiker, and was only at Huston - 
yille for the purpose of completing a job of work. 

By Chrism an: 

I understood also from McWilliams 7 remarks that he regarded 
Hustonville as his home for the time being and while he was engaged 
in that job. 

By Anderson: 

I am acquainted with James Patton. He is a brother-in-law of 
mine. He voted for Anderson at the last August election, at the 
Hustonville precinct. He is about twenty-three years old, I think. 
He has been in Kentucky all his life, except that twelve or fifteen 
months ago he went to Arkansas and Tennessee, and was gone nine 
or ten months. He claimed Kentucky as his home all the time, and 
told me he was only absent for a temporary purpose and with the 
view of returning. The home he claimed was in the Hustonville 
precinct, where he voted. 

By Chrisman: 

I never heard Patton say what he went to Arkansas and Tennessee 
for. I understood it to be a sort of wild-goose chase, as he had no 
money to make a location anywhere. He has no regular occupation; 
follows painting sometimes, or most anything that comes up. He 
has worked a little both at painting und cabinet-making. He was 
dependent upon his labor for a living while he was gone. It is very 
often the case that persons who work at a trade make their home for 
the time being wherever they have work. Patton returned to this 
county sometime in May last. 

By Anderson: 

I know that when Patton went off he left means in Kentucky. 

I know H. L. Carpenter. He owns a farm and a large amount of 
property in the Hustonville precinct. He voted there at the last 
August election, and I do not remember of his being questioned at 
all as to his right to vote there. 

By Chrisman: 

I think Carpenter’s family have been living at Harrodsburg part 
of the time during the last twelve months, and Carpenter himself 
has been backwards and forwards between the two places, spending 
most of his time at his farm in the Hustonville precinct. If I was 
asked where he resided, I would say Hustonville; and if I were going 
to address him a letter, unless I knew he was at the time in Harrods¬ 
burg, I would direct to Hustonville. If I were going to address a 
letter to his wife, I would direct to Harrodsburg. A part of his 
children live in Lincoln, at the farm, and others in Harrodsburg. 

And further saith not. 

THOMAS B. GBEEN. 

. Also the deposition of George D. Weatherford, taken at the same 
time and place, by the same party, and for the same purpose. De¬ 
ponent, being first duly sworn, says: 

By Anderson: 

I know James Patton. He went out of the State, I think, last 


KENTUCKY CONTESTED ELECTION. 


103 


spring was a year ago, and came back in May last. I think he went 
oil with stock for Mr. Carpenter. He claimed his home in Huston- 
ville before he left, and when he came back he stopped at my house 
and told me had been travelling most of the time he was gone, and 
had not staid long at any one place since he left home. He was 
born and raised in this county. 

By Chrisman: 

Whether or not Patton had established a home and business rela¬ 
tions while out of the State I do not know. I think he has now gone 
to Texas. He has been gone a month, I suppose. A great many 
others, who had been permanent citizens of the county, left for Texas 
at the same time he did. He is unmarried; has no family. 

By Anderson: 

I know Charles McWilliams. He is a day laborer upon the turn¬ 
pike, as I have heard him say. I do not know where he came from 
to Hustonville. 

And further saith not. 

G. D. WEATHERFORD. 

Also the deposition of S. E. Higgins, taken at the same time and 
place, by the same party, and for the same purpose. Deponent, 
being of lawful age, and first duly sworn, says: 

By Anderson: 

I was sheriff of the last August election for Crab Orchard precinct, 
in this county. The voting was commenced about fifteen minutes after 
six o’clock, by the watch—my ownjjwatch. The polls closed at about 
fifteen minutes after seven o’clock in the evening, by Mr. Carson’s 
watch, my own having stopped, and I then took his. I think there 
were a couple of votes cast after the judges said “close the polls.” 
Young Humble rode up and asked if there was time to get in a few 
votes he had out, and the judges agreed to hold up until he could get 
them in. I think there were two votes so taken. A dispute arose 
whether or not they should wait for the votes. At the time the two 
votes were cast it was between fifteen and twenty minutes after 
seven o’clock in the evening. I believe the two votes were those of 
William Griffin and Frank Dulaney. Both of them voted for Chris¬ 
man for Congress. 

By Chrisman: 

The two votes spoken of Avere taken by consent of the officers of 
election. They were good voters. The judges voted before they 
did. That is my impression. I think the sun was probably shining 
a little when they voted. 

By Anderson: 

When the officers of the election agreed to let the two men vote, a 
number of bystanders of the opposite party contended that it was 
not right to do so, as it was beyond the time fixed by the constitu¬ 
tion for the closing of the polls. I thought they allowed them to vote 
to keep down a fight. 

By Chrisman: 

Men on the other side contended that the two men ought to be 


104 


KENTUCKY CONTESTED ELECTION. 


allowed to vote. The sun was shining on the houses when they 
voted. 

By Anderson: 

I know William Bacon; have known him three or four years. I 
know the fact that he has claimed Crab Orchard as his home ever 
since I have known him. 

By Chrisman: 

I know there was an attachment on Bacon’s property within the 
last twelve months and preceding the election, but I do not know 
upon what ground it was gotten out. 

By Anderson: 

I know Charles King. I don’t know exactly how old he is. He 
had been living for four or five years in the Crab Orchard precinct 
until last spring was a year, when he went to Garrard. My impres¬ 
sion is, that he came back to the Crab Orchard precinct, where his 
father lives, either a short time before or a short time after the May 
election, I do not remember which. He has not been out of the State 
since I have known him, that I know of. 

By Chrisman: 

My impression is, that King came back to Crab Orchard in May, 
but I do not state so positively. 

By Anderson: 

I know William Tuggle. He has been living in the Crab Orchard 
precinct some two years or more. 

I know John Severance, jr. He voted at Crab Orchard last Au¬ 
gust for Chrisman. He is a married man. His wife had moved from 
that precinct (I understood to Louisville) before the election, and he 
has removed from the precinct himself a few days ago. My under¬ 
standing from him when his wife left was, that he had sent her there 
to remain, and that he expected to go himself in a few days, but he 
staid until after the election. 

By Chrisman: 

Severance was born and raised near Crab Orchard, and has lived 
there the greater part of his life, until he left last week or the week 
before. He had been living there several years preceding the last 
election. His wife came back a short time before or after the elec¬ 
tion; staid a short time, and then returned to Louisville. He in¬ 
tended to go, but did not, and she has since come back, and is over 
in Garrard county. Where he is I do not know, but I have under¬ 
stood he was in Lebanon. I understood his goods went from Crab 
Orchard when his wife went, but he himself remained up to the 
election, claiming that as his home. 

By Anderson: 

Severance, I understood, announced when his wife left that he was 
going also, and it was so understood in the town. It was also under¬ 
stood, and he said so himself, that he did actually start from Crab 
Orchard, but met his wife at Lawrenceburg, and he them came back 
and said he would stay and vote. 


KENTUCKY CONTESTED ELECTION. 


105 


By Chrisman: 

I understood when Severance left Crab Orchard for Louisville that 
he was going off to remain. 

By Chrisman. Did you not understand from Severance that he in¬ 
tended to remain at Crab Orchard so as thereby not to lose his right 
to a vote ? 

Answer. That was what I understood from him. 

S. E. HIGGINS. 

Also the deposition of Wm. Grady, taken by the same party, and 
at the same time and place. Deponent, being duly sworn, states: 

By Anderson. State what relation you are to P. Grady, who voted 
for Anderson at the last August election; if any, state what it is, 
and what his age at the election. 

Answer. He is my son; I pronounced him twenty-one years of 
age; he was born July 27, 1838. 

WM. GRADY. 

Also the deposition of Peter E. Carter, taken at the same time 
and by the same party: 

By Anderson. If you know James B. Elder, please state how long 
he has resided in Kentucky, and in the Turnersville district, of Lin¬ 
coln county, where he voted. 

Answer. He was born and raised in the district. I have known 
him ever since he was born; he has been trading in hogs, mules, and 
negroes, backwards and forwards to the south several times. 

By same. Had he or not been a resident of the State for more than 
two years, and of the precinct where he voted for more than sixty 
days next preceding the last election ? 

Answer. He always claimed this as his home. He bought a part 
of his father 7 s old farm about five years ago. 

By Chrisman. Has not Elder spent the greater part of his time 
during the last four or five years in the south ? 

Answer. He has spent nearly half of his time in the south; three 
years ago he staid here nearly all of his time, during the time of 
the cholera, and raised a crop. 

By same. Do you know that he has not taken up his residence in 
the south? 

Answer. I do not know; I should suppose not; he has had prop¬ 
erty here all the time. 

By same. Was not the property which he took south with him— 
his hogs, mules, and negroes—of greater value than any he ever had 
in Kentucky ? 

Answer. He was a partner with other men, and I cannot tell. 

PETER E. CARTER. 

Also the deposition of Samuel Petree, taken at the same time and 
place, and by the same party: 

By Chrisman. If you know what the age of Adam Petree is, who 


106 


KENTUCKY CONTESTED ELECTION. 


voted at the Crab Orchard precinct for Chrisraan, please state it; 
also state what relation he is to you. 

Answer. I do not know what his age was; he is a brother of mine. 

By same. From your knowledge of his age, what is it ? 

Answer. I don't know, but I suppose he lacked a few days. 

By same. Did you or not, in company with his father and mother, 
a few days after the election, go home and examine the record of his 
age, and after said examination did they not all say he was not old 
enough to vote ? 

Answer. I did not, and did not here them say so. 

SAMUEL PETEEE. 

Also the deposition of H. W. Farris, taken at the same time and 
place, and by the same party: 

By Anderson. Please state whether you know William Bacon; if 
so, how long have you known him; where has he resided, and how 
long in the State, county, and precinct where he voted prior to the 
election ? 

Answer. I have known Mr. Bacon for some twelve or fifteen years; 
he has been stopping at my house while in this State during that 
time; his former residence has been in the State of New York, but 
my understanding from him was that within the last two years he had 
sold his New York property, and having a large landed property in 
this county he claimed this county and Crab Orchard as his residence. 

By Chrisman. Is not Mr. Bacon a married man; and if so, where 
does his wife reside, and where has she resided for the last four or 
five years ? 

Answer. He is a married man, and his wife is in Ogdensburg, 
New York, at one of his daughter's, as I understand from him, and 
has resided there as long as I have known Mr. Bacon; I also learned 
from him that he had broken up housekeeping, and would remove 
his wife to Kentucky as soon as he obtained a suitable residence in 
Kentucky for her reception. 

By same. Do you know of an illegal vote cast for Mr. Anderson at 
the last election ? 

Answer. None to my knowledge. 

By same. Do you not know that the property of Mr. Bacon in Lin¬ 
coln county has, within the last twelve months, been attached, on the 
ground that he was a non-resident, and that Mr. Bacon did not 
defend the same ? 

Answer. There was an attachment over a year ago against Mr. 
Bacon's property while he was absent from the State, and on his re¬ 
turn I heard him say that he could defeat the attachment on the 
grounds of his not being a non-resident, but that he intended to pay 
the debt, and it mattered not. 

By same. Do you know of any illegal votes cast for Chrisman at 
the late election ? 

Answer. None to my knowledge. 


H. W. FARRIS. 


KENTUCKY CONTESTED ELECTION. 107 

The deposition of Green Kidd, taken at the same time and place, 
and by the same party: 

By Anderson. If you know what relation William Petree is to 
AdamPetree, state it; also state if you had any conversation with 
him about the age of Adam; if so, state that. 

Answer. They are brothers. William and I were talking about 
the election, and he thought he was old enough; but he went home 
and looked, and he found he lacked eighteen or twenty days. 

GREEN KIDD. 

[Mr. Chrisman excepts to the foregoing question, and the answer 
thereto, as being illegal and incompetent.] 

Also the deposition of Isaiah Graham, taken at the same time and 
place, and by the same party: 

By Anderson. Please state whether you voted at the last August 
election; if so, where did you vote, and for whom for Congress? 

Answer. I voted for Anderson for Congress, and I voted at Crab 
Orchard. 

By same. State your age; also state whether you had resided in 
the district where you voted for the time required by law—say two 
years in the State, or one year in the count}’, and sixty days in the 
precinct. 

Answer. The 15th day of this month I will be 23 years old; I was 
raised in this State. I moved down near Stanford in the fall, and 
moved back in time to vote at the May election. I never lived out 
of this State. 

By Chrisman. Between the last May and August elections, did you 
work for any person out of the Crab Orchard precinct; and if so, who 
was it ? 

Answer. No; I worked for myself at home. 

ISAIAH GRAHAM. 

Also the deposition of George W. Graham, taken at the same time 
and place, and by the same party: 

By Anderson. State what relation you are to Isaiah Graham, who 
has just given his deposition; if you have heard it read, state whether 
you concur in his statement. 

Answer. I am a brother of his. His statements in regard to his age 
and residence are correct, to the best of my knowledge. I reckon he 
is a legal voter. 

GEORGE W. GRAHAM. 

Deposition of Samuel Holms, taken at the same time and place, and 
by the same party: 

By Anderson. If you know R. W. Stevenson, please state his age, 
and how long he has resided in the State, county, and precinct next 
preceding the last election. 

Answer. I can’t tell his age; I reckon he is about 25 or 30 years of 
age. He was born and raised in the State. He lived at or near my 


108 


KENTUCKY CONTESTED ELECTION. 


house till last spring, and then he moved near the Crab Orchard, 
which is in the same district. He has never lived out of the State 
that I know of. 

S. HOLMS. 

Deposition of A. Carson, taken at the same time and place, and by 
the same party: 

By Anderson. If you know anything in regard to the removal of 
John Severance, jr., from the Crab Orchard precinct prior to the 
election, please state what you do know. 

Answer. Well, John Severance was boarding at David Nelson’s; 
him and his wife concluded to go to Louisville to get into business; 
boxed up his plunder, or his wife’s plunder, and sent it to Louisville 
by Nance’s wagon; he then paid his wife’s fare to Louisville, came 
down to my house the next morning and spoke for board a week or so; 
he eat there two weeks; he then left and staid at his father’s, I think, 
a week; he then came down to my house, and bought a ticket to Louis¬ 
ville, and paid me three dollars as part of his board, and said he would 
be back about the 1st of September and pay me the balance of it, and 
started to Louisville the next morning; and he says he met his wife 
in Lawrenceburg, and was back in Crab Orchard that night. 

By same. Did you or not understand that he had sent his wife to 
Louisville with the intention of making that his home, and of giving 
up his residence at the Crab Orchard? 

Answer. That was the understanding, if he could get into business. 

I think his plunder is still in Louisville. 

By Chrisman. Severance was not absent from Crab Orchard longer 
than one day, was he ? 

Answer. No, sir. 

By same. From that time till the election, did he not continue to 
reside in the same precinct at which he voted ? 

Answer. Yes; but it was only a short time before the election be¬ 
fore he did this. 

By same. For two or three years preceding the election, had Sev¬ 
erance any other residence than Crab Orchard; and did you ever hear 
him claim any other? 

Answer. No, he had none; I never heard him claim any, except he 
was going to move to Louisville. 

By same. Did he ever move himself to Louisville that you know of? 

Answer. I know nothing of his going to Louisville except what I 
have stated above; he has since gone to Louisville and came back, 
and is, I suppose, now in Lebanon. 

By Anderson. If you know Wesley Davis, who voted at the Crab 
Orchard for Chrisman, please state what you do know in regard to 
his residence and right to vote. 

Answer. Well, I know Wesley Davis, and in 1857, when Talbott 
and Anderson run the race for Congress, I and others tried to get 
Wesley Davis to stay at Crab Orchard and not go to Pulaski to vote; 
and in August, 1858, when Ranee Carson was a candidate in Lincoln 
county for county clerk, I and others tried to get him not to go to 


KENTUCKY CONTESTED ELECTION. 


109 


Pulaski and vote; but he did both times go to Pulaski, and to vote, 
and claimed that as his residence; and in the spring of 1859, when 
Mr. Hughes, the assessor of Lincoln county, called upon him to give 
in his tax-list, he refused, and still claimed Pulaski as his home, at his 
father’s. 

By Chrisman. Had Davis resided in the precinct in which he voted 
sixty days preceding the election? 

Answer. Yes, sir. 

By same. Were you present when he refused to list for taxation ? 

Answer. I w^as, sir, in Jimmy McAlister’s still-house. 

By same. What time in the spring, or how long before the election 
was it that he refused to list ? 

Answer. It is rather my impression it was sometime in March. 

By same. Do you know that he voted at May election ? 

Answer. He did; and I was not in a very tight place, and I thought 
it was then an illegal vote ? 

By Anderson. If you know anything in regard to the residence of 
J. T. Waterhouse, who voted at the Crab Orchard for Chrisman, please 
state what you do know. 

Answer. J. T. Waterhouse was a stage-driver from Crab Orchard 
to £)anville, and had resided in the precinct sixty days. 

By same. Do you know anything about Isaiah Graham ? If so, state 
what you do know. 

Answer. I know Isaiah Graham; he was a legal voter there in May, 
1859, and I never missed him out of the district since, and I am the 
acting constable of Crab Orchard district. 

By same. If you know anything of William Tuggle, please state 

that. 

Answer. I know William Tuggle was there at the May election, 
and was thought to be a legal voter, and still lives in the district and 
married, and lives at Mr. Masse’s. 

By Anderson. If you know anything in regard to R. May, please 
state that. 

Answer. I know that he has lived in this county for the last twelve 
months, and I suppose he came from Whitley county, as I got an 
execution from the county judge of that county a few days ago against 
him ; the debt seems to have been contracted there some years ago. 

By same. If you know anything in regard to the removal from 
Kentucky of Stout Higgins, who voted at the Walnut Flat precinct, 
in Lincoln county, for Chrisman, please state it. 

Answer. All I know, Mr. Higgins told me he was going to Pike’s 
Peak, and did go, or started and got to Missouri and got robbed, and 
came back home to the Walnut Flat; I know nothing only as he told 
himself. 

By same. Did he or not state that his brother had made him a 
present to go to Pike’s Peak, or somewhere else, and never return, 
and he had determined to do so ? 

Answer. Well, he said Jake had made him a present to go to Pike’s 
Peak and stay, in the way of a silver watch; I don’t know whether 
it was in the way of a joke or not he said it. 


110 


KENTUCKY CONTESTED ELECTION. 


By same. Do you or not know that Stout Higgins, after he got to 
Missouri, or some other State, wrote back letters to Kentucky that he 
never intended to return ? 

Answer. I don’t know that. 

By Chrisman. Where was Stout Higgins raised, and where has he 
resided all his life, except when absent on the Pike’s Peak trip, and 
how long was he then absent ? 

Answer. He was raised at Walnut Flat, in Lincoln county, and has 
always made it his home except when on the Pike’s Peak trip ; so far 
as I know, he was absent on that trip four or five weeks. 

By same. Have you ever heard of his taking up a residence any¬ 
where except in Lincoln county ? 

Answer. No, sir. 

By same. Did you not then believe, and do you not now believe, 
that the present and watch story, which you speak of above, was all a 
joke ? 

Answer. I did believe it till I saw the watch, and then I didn’t 
know what to think about it. 

A. CAESON. 

Deposition of H. P. Middleton, taken at the same time and place, 
and by the same party : 

By Anderson. If you ever had any conversation with any one of 
the family of Adam Petree, who voted for Chrisman at the Crab 
Orchard precinct, in Lincoln county, please state with whom you had 
the conversation, and what it was in regard to his age. 

[The counsel for Chrisman excepts to the foregoing question, or any 
answer thereto by the witness, because the question is illegal and any 
answer incompetent, as being mere hearsay. 

The judge decides that if the witness has heard the father or 
mother, if living, or any brother of Adam Petree who is over twenty- 
one years of age, and who has examined the family record of his age, 
say anything upon the subject of his age, the witness may state it; 
to which Chrisman’s counsel excepts.] 

Answer. I heard William Petree, the brother of Adam Petree, say 
after the election that he thought his brother Adam old enough until 
he voted. He went home and examined the Bible, and found that he 
was not old enough by a few days. William Petree is old enough to 
vote. 

By Chrisman. Does the family of Adam Petree live in Lincoln 
county, particularly William, whose statement you have detailed, and 
is he or any one of them able to come to Stanford to give their depo¬ 
sition ? 

Answer. They all live in Lincoln county ; I suppose that they are 
all able to come. 

By same. Has or not Samuel Petree or brother already given his 
deposition; and is not his father dead, and does not his mother reside 
some distance from Stanford ? 

Answer. He has. His father is dead; his mother resides some 


KENTUCKY CONTESTED ELECTION. 


Ill 


seven miles, I suppose, or thereabouts, from Stanford. His mother, 
I suppose, is about fifty-five years old. 

By Anderson. If you know anything in regard to the residence of 
William Bacon prior to the election, please state it, and also what 
your opportunities for knowing were. 

Answer. I have known William Bacon some six or seven years. 
Have heard Mr. Bacon say for the last two years that he considered 
Kentucky his home. Have heard Mr. Bacon say that he had sold 
out his property in New York, and so soon as he could buy him a 
residence to suit he would bring his family. He has also told me 
that his wife was living with his children. 

By same. Since your acquaintance with him, or since two years 
ago, has he or not claimed Kentucky and the Crab Orchard precinct, 
in Lincoln county, as his home, and regarded his wife’s absence in 
New York only temporary? 

Answer. He has. 

By Chrisman. Has his wife or familv ever been with him in Ken¬ 
tucky ? 

Answer. They have not, except one son, which I think is the only 
family he has at home with him. 

By Anderson. If you know anything of Charles King, please state 
it. State what you know in regard to his residence. 

Answer. I have known Charles King some two or three years, and 
also know that he made his home with his mother, in the Crab Orchard 
district, some three months prior to the election. I do not know that 
he has been out of the State during the three years. Mrs. King lias 
lived on my place since last spring, until some two weeks since. 

By same. State what you know in regard to the removal of John 
Severance, jr., from Crab Orchard to Louisville prior to the election. 

Answer. I do not know anything. 

By same. State what you know about Gus. Bacon, who voted for 
Chrisman at the August election—what you know in regard to his 
residence. 

Answer. I heard Mr. Bacon say frequently after he came out to 
Kentucky that he came here to lot off his father’s lands, and he would 
go back to New York or Canada, where he could do better at his 
business, which was surveying and engineering. 

By same. Was it or not your understanding that he came to 
Kentucky for a mere temporary purpose ? 

Answer. That was my understanding from Mr. Bacon. 

By same. Where is he now? 

Answer. I suppose in New York or Canada. 

By Chrisman. Is he not a son of the same Mr. Bacon whose vote 
you have just given your deposition to sustain for Mr. Anderson ? 

Answer. I suppose he is. 

By same. How long, to your knowledge, has he resided in the 
State, county, and precinct in which he voted ? 

Answer. I cannot say positively, but I think about two years, and 
probably more. 


112 


KENTUCKY CONTESTED ELECTION. 


By same. Had he been allowed to vote at Crab Orchard before the 
August election ? 

Answer. I understand he voted last May; I do not know it to be 
true. 

By same. Do you not know that your father-in-law, upon his affidavit, 
sued out an attachment against William Bacon’s property, upon the 
ground that he was a non-resident ? 

Answer. I know that he sued out an attachment; I cannot say it 
was upon the ground of his non-residence. 

By same. Are you not a relation, and a warm personal and political 
friend, of Mr. Anderson ? 

Answer. I am. 

By same. Do you know of an illegal vote having been cast for Mr. 
Anderson at the last August election ? 

Answer. I do not. 

By same. You have been asked whether you were not a relation 
and a warm personal and political friend of Mr. Anderson; please 
state who is conducting this examination for Chrisman; what is his 
relation to Chrisman, and who is constantly whispering to him and 
advising him what to do ? What akin to him is Anderson, and what 
are the politics of the gentleman who is so whispering ? 

Answer. Joseph Owsley is the assistant. I suppose he is a cousin 
to Mr. Anderson, and, I am told, a democrat; and the brother of Mr. 
Chrisman is also an assistant. 

By same. Did or not William Bacon leave in your hands money to 
pay the debts for which attachments issued ? 

Answer. Mr. Bacon left some property to pay off Messrs. Hansford 
and Humber. Mr. Hansford is my father-in-law. 

By same. Do you know of an illegal vote cast for Chrisman ? 

Answer. I do not. 

H. P. MIDDLETON. 


By consent adjourned over until Tuesday morning, 9th day of 
November, 1859. 


THOMAS W. NAPIER, P. J. L. C. C . 


Tuesday Morning, November 9. 

Met pursuant to adjournment. 

Deposition of E. B. Caldwell taken at the same time and place, and 
by the same party: 

By Anderson. Are you or not the sheriff of Lincoln county, and, 
by virtue of your office, collector of taxes ? 

Answer. I am. 

By same. Have you the tax-list of A. J. Reynolds, for collection? 

Answer. Yes, sir; his list is in my tax-books. 

By same. Have you the tax-list of R. W. Stephenson, for collec¬ 
tion? 

Answer. Yes, sir. 

By same. Have you the list of LI. L. Carpenter, for collection? 


KENTUCKY CONTESTED ELECTION. 


113 


Answer. Yes, sir; I have collected his tax every year since I have 
been sherifl, except this year, and have it this year yet to collect. 

By same. Did you summon William Petree, a brother of Adam 
Petree, to attend him to take his deposition; if so, please state what 
he said in regard to the age of said Adam ? 

Answer. Yes, sir; I summoned William Petree to attend at the 
court-house to give his evidence in this case. William Petree told 
me when I summoned him to attend, that his brother Adam lacked 
twenty-seven days of being old enough to vote; when he went home 
and examined the record his brother was not old enough by twenty- 
seven days. 

[Chusman excepted at the time, and now excepts, to so much of 
the above questions and answers as seeks for or details the state¬ 
ments of William Petree in regard to the age of his brother, Adam 
Petree.] 

By same. Did or not William Petree vote for Chrisman at the last 
election ? 

Answer. He is a democrat; I don't know how he voted. 

By same. Did you or not summon Isaac Gibson to attend to give . 
his deposition ? 

Answer. Yes, sir; I did. 

By same. When you summoned him, did he give you any paper or 
letter to hand to Mr. Anderson; and did he make any statement as 
to why he did not attend ? 

Answer. At the time I summoned him he did not; on last Monday 
he gave me a letter to give to Mr. Anderson; this letter I did hand 
to Mr. Anderson; he said that this letter would answer every pur¬ 
pose, and it would be no use for him to attend. 

By same. Please examine this letter now before you, marked X, 
which you will please make part of your deposition, and see whether 
it is the same letter ? 


X. 

Milledgeville, Ky., November 6, 1859. 

Dear Sir : Since I saw you I inquired of John Sherron whether he 
had found the book his age was in, he said it was misplaced by some 
means and could not find it; I sent him to his uncle Sherron's to see 
if he could get the record of his age; his uncle says he was twenty 
the 24th of last July. I have seen his age several times before it got 
misplaced, and was of the opinion he was of age. 

Yours with respect, 

ISAAC GIBSON. 

Mr. Wm. Anderson. 


Answer. Yes, sir; this is the same letter that Mr. Gibson gave to 
me to hand to William C. Anderson, which I make a part of my 
deposition. 

[Chusman excepts to so much of the question and answer as seeks 

H. Mis. Doc. 11-8 


114 


KENTUCKY CONTESTED ELECTION. 


to obtain or detail the statements of Mr. Gibson, or that seeks to 
make his letter evidence in regard to the vote of Sherron.] 

By same. Is or not Mr. Sherron living with Gibson; and was he 
or not raised by Gibson ? 

Answer. Yes, sir; he is living with Gibson at this time, and has 
been ever since he was a little child. 

By Chusman. Who wrote the letter which you have here exhibited? 

Answer. I don’t know, sir. 

By same. Where does Sherron and Gibson live; and how far from 
Stanford ? 

Answer. They live in Lincoln county, and about eleven or twelve 
miles from here. 

By Anderson. Has it or not been your understanding that Sherron 
was bound to Gibson until he was twenty-one years of age ? 

AnsAver. That has always been my understanding from rumor; he 
is not put on the list for taxation which requires to be over twenty- 
one years of age. 

By same. Are not many persons over twenty-one years of age 
omitted to be tested every year ? 

Answer. Yes, sir; there are several persons. 

By same. Has James B. Elder been tested as a resident of Lincoln 
county for taxation for the last two or three years; I mean the 
same person of whom Peter E. Carter and others speak in their 
depositions? 

Answer. I didn’t see his list for the two last years on my tax-book. 

By Chrisman. Do you know of an illegal vote cast for Mr. Anderson 
at the last August election ? If you do, give his name and the reasons? 

Answer. I do not, for either. 

E. B. CALDWELL. 


Deposition of R. Carson, taken at the same time and place, and by 
the same party: 

By Anderson. Please state hoAv long you have knoAvn R. W. Ste¬ 
phenson, and hoAv long had he resided in Lincoln county when he 
voted ? 

Answer. I have knoAvn him for tAventy-tAvo years. I never kne\v 
of his being out of the county of Lincoln. 


R. CARSON. 


The deposition of W. H. Pointer, taken at the same time and place, 
and by the same party: 

By Mr. Anderson. Please state all you knoAv as to the legality or 
illegality of Gilbert Payne as a voter in the State of Kentucky; and 
Avhether, or not, he voted for J. S. Chrisman for Congress at the last 
August election. 

Answer. I think two years ago last February I AA^ent to hire him to 
work for me, and he told me he Avas going to Indiana to make his 
residence there, and never expected to come back to this county any 
more. He expected to spend the remainder of his days in Indiana, 


KENTUCKY CONTESTED ELECTION. 


115 


and he left a few clays afterwards, and he returned to Kentucky in 
the latter part of September, or the first of October, 1858. I met 
him at Harrodsburg, as I went to Louisville, on his return to Kentucky. 

W. H. POINTER. 

Deposition of James Bliss, taken at the same time and place, and 
by the same party: 

Mr. Anderson. Please state whether or not you were born and 
raised in Kentucky; and whether you have ever been out of the 
State temporarily or otherwise. 

Answer. I was born in the State, and I have been out of the State 
on a temporary purpose. 

By same. When did you come to Lincoln county? 

Answer. About the first of March, 1859. 

By same. Did you vote for Anderson for Congress at the last August 
election? If so, at what precinct? 

Answer. I voted for him at the Hustonville precinct. 

By same. How long had you resided in the Hustonville precinct 
previous to the last August election ? 

Answer. Better than four months; I went there the first of March. 

By same. Are you or not dependent upon your own exertions for 
a support? 

Answer. Yes, sir; I am. 

By same. State whether or not you went into the Hustonville pre¬ 
cinct for a temporary purpose; or whether you were not engaged at 
work at your trade whilst in said district. 

Answer. I was at work at my trade at Mr. Given’s. 

By same. Please state whether or not you went into said precinct 
for the purpose of voting. 

Answer. I had no idea of an election when I went there. I went 
there to work, though. 

By same. Please state whether or not you, as a mechanic, have any 
permanent home; and that if you do not claim that place as your resi¬ 
dence wherever you are engaged at work at your trade. 

Answer. Yes. sir; I claim as my home wherever I am at work. 

By Chrisman. Please state whether or not you were at work in this 
town at the time of the election. 

Answer. I was at wQrk in this town at the time of the election. 

By same. State whether you were sworn at Hustonville at the time 
you voted. 

Answer. No, sir. 

By same. Did not one of the judges propose to have you sworn at 
the time you voted ? 

Answer. They did; and I told him I never had been sworn, and 
would lose my vote before I would be sworn as to my vote. 

By Anderson. State whether you did not claim the Hustonville pre¬ 
cinct as your home up to the election; and whether you had moved 
yoiir washing out of the Hustonville into the Stanford district. 

Answer. I claimed that as my home, and had not moved my washing. 

JAMES* BLISS. 


116 


KENTUCKY CONTESTED ELECTION. 


State of Kentucky, Lincoln County, set: 

I, Thomas W. Napier, presiding judge of the Lincoln county court, 
for the county and State aforesaid, do certify that the foregoing de¬ 
positions of Vm. Bacon, R. E. Carter, Hugh Hays, P. F. Hays, S. 
D. Barnett, John Rains, R. Williams, W. F. Camden, R. May, Wm. 
Tuggle, jr., Reuben J. Moss, Thomas B. Green, G. D. Weatherford, 
S. E. Higgins, Wm. Grady, P. E. Carter, Samuel Petree, H. W. 
Farris, Green Kidd, Geo. W. Graham, Isaah Graham, S. Holmes, A. 
Carson, H. P. Middleton, E. B. Caldwell, R. Carson, W. H. Pointer, 
and James Bliss, were read to and subscribed by them or their agents 
pn my presence, at the times and places, and in the action mentioned 
in the caption—the first twenty-four were taken on the 8th day of 
November, 1859—the witnesses aforesaid having been first sworn by 
me that the evidence they should give in the action should be the 
truth, the whole truth, and nothing but the truth; and the statements 
of the first fifteen persons above named were, by consent, reduced to 
writing by James F. Zimmerman, and in the presence of the witnesses 
aforesaid, as also myself; and the statements of the residue, to wit, 
the thirteen last-named witnesses above, were reduced to writing in 
the presence of the witnesses, by me, except the depositions of H. 
W. Farris, and H. P. Middleton, and R. Carson, who wrote out their 
own statements. M. T. Chrisman, agent and attorney for James S. 
Chrisman, the plaintiff’, and Wm. C. Anderson, the defendant, being 
present at the examination of the first twenty-six witnesses named; 
and at the examination of the two last-named witnesses above named, 
the plaintiff was represented by Pinkney Spraggins, as his agent, and 
the defendant by G. H. McKinney, as his agent. 

Given under my hand the 9tli day of November, 1859. 

THOMAS W. NAPIER, 
Presiding judge Lincoln County Court. 

Commonwealth of Kentucky, Lincoln County , to ivit: 

I, Ransom Carson, clerk of the county court for the county afore¬ 
said, do hereby certify that Thomas W. Napier is now, and was, at the 
time of subscribing his name to the foregoing certificate, the presiding 
judge of the Lincoln county court, and that said attestation is in due 
form, and entitled to full faith and credit. 

In testimony whereof, I have hereunto subscribed my name as clerk, 
r and affixed the seal of said court, at office in Stanford, this 21st 

day of November, 1859. 

RANSOM CARSON, 

Clerk Lincoln County Court. 


James S. Chrisman: 

Sir: I have received a paper purporting to be a notice contesting 
my right to a seat in the 36th Congress of the United States from the 
fourth district of Kentucky. You are notified that I shall object to 
the said notice, and ask for its quashal upon the following grounds: 



KENTUCKY CONTESTED ELECTION. 


117 


First. It does not give the residence of the voter who is challenged. 

Second. It does not give the county or precinct in which the vote 
was cast. 

Third. It does not state particularly the grounds upon which you 
rest the contest, as required by the act of Congress. 

In response to paragraph No. 1, in your pretended notice, I deny 
that the majority of the votes polled at the August election, 1859, 
were given for you. 

I deny that, by a mistake made by the county board of Cumberland 
county, you received a smaller number of votes than were really cast 
for you, and I a larger number than were cast for me. I state the 
facts to be as follows: The poll-books of Cumberland county were, 
certified, (although some of them illegally, of which I shall speak 
hereafter,) sealed, and delivered as required by the law entitled 
* 1 Elections , ’ ’ Revised Statutes of the State of Kentucky , pages 283 to 303, 
inclusive. The said poll-books were opened at the time required by 
law, and by the proper officers, and certificates of the votes cast were 
duly transmitted to the State board at Frankfort, and upon a compari¬ 
son of the vote sent the said State board, upon all the returns sent in, 
according to law, at the proper time, awarded me the certificate of 
election. Before the said certificate was granted the result was pub¬ 
lished in the public newspapers, by which I received a majority of three 
votes, and so soon as said publications were made, it was pretended 
that a mistake of ten votes had been made against you at the Kettle 
Creek precinct, in Cumberland county. It is true that an amended 
certificate, signed by only two of the examiners of Cumberland county, 
was sent to the State board at Frankfort, and they refused to receive 
the same, upon the ground that the county board had no right to re¬ 
assemble after the time fixed by law, and amend a certificate once 
transmitted and made out at the proper time; they were, to all intents 
and purposes, functus officio. Before, however, the amended return 
was sent from Cumberland county, a mistake, to my prejudice, of 
four votes, was discovered on the poll-books of Boyle county, and an 
amended return, stating this fact, transmitted by the county board of 
Boyle to the State board at Frankfort; and when this fact was made 
public in the district that such an amendment had been sent, nearly 
every democrat in the community, and yourself included, stated that 
it would be a gross outrage for the State board to receive additional 
returns after the official vote had once been sent in. It was then 
supposed that the vote between us was a tie; and by the laws of Ken¬ 
tucky in such cases, the casting of lots was required, and your chances 
for an election would have been equal with my own. When you and 
your friends, however, heard of this pretended mistake in Cumber¬ 
land, you shifted positions, and contended that the board ought to 
receive amended returns. ‘ ‘ The case being altered, altered the case.’’ 

I contend that the State board at Frankfort acted lawfully and prop¬ 
erly, and I refer you to their published statement, signed by the gov¬ 
ernor, secretary of State, and attorney general of Kentucky. 

I do not know, and do not admit, that the mistake that you com- 


118 


KENTUCKY CONTESTED ELECTION 


plain of occurred. It may be true, according to the books as they 
now stand, that such a mistake was made, but it is exceedingly strange 
that the mistake was not discovered for nearly two weeks after the 
comparison of the polls, and that comparison, too, made in the pres¬ 
ence of a number of your friends, who aided in the addition of the 
books, and also after it was ascertained from the returns sent in that 
I was elected by a majority of three votes. If, however, the mistake 
really did occur, I notify you that mistakes of a similar character, and 
others of a different character, were made against me, of which I will 
speak more particularly hereafter. I deny the charges made in para¬ 
graph No. 1 of your pretended notice. 

I deny the charges in paragraphs 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 
12 of your said notice. 

I deny that the persons you have named as voting for me were il¬ 
legal voters, as I will make fully to appear by the proof in proper 
time. 

I shall, upon the trial of the contest, challenge and insist upon strik¬ 
ing off the votes of the following named persons, recorded on the poll- 
books at various precincts in the district, and for the reasons set forth 
next to the name of each: 

1. Henry M. An tie or An tell—who voted in White Oak district, in 
Adair county; because he lived in the county of Russell. 

2. R. M. Barnard—who voted at White Oak district, in Adair 
county; because he had not been in the county, State, or precinct for 
the time required by law. 

3. George Simpson—who voted at White Oak district, in Adair 
county; for the same reasons as above. 

4. Ben. F. Allen—who voted at the Neatsville district, in Adair 
county; because he was a resident of and lived in the White Oak 
precinct. 

5. Milton Polly—who voted at White Oak precinct, in Adair 
county; because he lived in the Harmony precinct. 

6. Elijah Leach—who voted at White Oak precinct, in Adair 
county; because he was not a resident of said precinct for the term 
required by law. 

7. James B. Royse—who voted at the Columbia precinct, in Adair 
county; because he lived at the time at Haysville, in Marion county. 

8. William P. Royse—who voted at the Columbia precinct, in 
Adair county; for the same reason as above. 

9. James Rayner—who voted at the Gradyville precinct, in Adair 
county; because he was not a resident of said precinct. 

10. Wm. Woodard—who voted at the Grady ville district, in Adair 
county; because he was not a resident of the county or precinct in 
which he voted for the time required by law. 

11. George Green—who voted at the Harmony district, in Adair 
county; because he was under twenty-one years of age. 

12. James Jones—who voted at Neatsville district, in Adair county; 
for the same reason as above. 

13. Jonathan McElroy—who voted at Harmony district, in Adair 


KENTUCKY CONTESTED ELECTION. 


119 


county; because he was not a resident of the county or precinct in 
which he voted for the time required. 

14. George D. Redman—who voted at the White Oak district, in 
Adair county; because he was not twenty-one years of age. 

15. William alias Peter Walkup—who voted at the White Oak 
district, in Adair county; because he was not a resident of said 
district for the time required by law, and in fact was a resident of 
the Harmony district. 

16. I. N. Vaughn—who voted at the same place as above, and for 
the same reason as above. 

17. Samuel Vier—who voted at Columbia district, in Adair county; 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

18. William Vier—who voted at the same place as above, and 
because of the same reasons as above. 

19. Joshua Prewitt—who voted at the White Oak district in 
Adair county; because he was a resident of Neatsville district, and 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

20. Irvine Keaton—who voted at the Harmony district, in Adair 
county: because he was not a resident of the county or district in 
which he voted for the time required by law; in fact, he was a resi¬ 
dent of the county of Cumberland. 

21. Nathaniel Wade—who voted at Gradyville precinct, in Adair 
county; because he was not twenty-one years of age. 

22. William J. Cooley—who voted at the Neatsville district, in 
Adair county; because he was not a resident of said district for the 
time required by law. 

23. William Bryant—who voted at same place as above, and 
because of same reason as above. 

24. Morgan Simpson, alias R. W. Simpson—who voted at Neats¬ 
ville, in Adair county; because he was not twenty-one years of age. 

1. Nicholas Walter or Walters—who voted at district No. 3, in 
Boyle county; because he was not a resident of the county or pre¬ 
cinct in which he voted for the time required by law. 

2. A. G. Talbott, jr.—who voted at precinct No. 4, Boyle county; 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

3. Charles Voss—who voted at district No. 4, Boyle county ; 
because of the same reasons as last above named. 

4. William Crow—who voted at district No. 3, Boyle county; for 
the same reason as last above named. 

5. C. P. Springer—who voted at district No. 3, in Boyle county; 
because he was not a resident of the county or precinct in which he 
voted, and for the time required by law. 

6. A. Fulkerson, jr.—who voted at district No. 2, in Boyle county; 
because of the same reason as last above named. 

7. James Owens—who voted at district No. 3, in Boyle county; 
because of the same reason as last above named. 


120 


KENTUCKY CONTESTED ELECTION. 


8. Garrett Lane—who voted at district No. 3, in Boyle county; 
because of the same reason as last above named. 

9. Henry White—who voted at district No. 3, in Boyle county; 
because of the same reason as last above named. 

10. Abel Reeves—who voted at precinct No. 3, in Boyle county; 
because of the same reason as last above named. 

11. Samuel Goode—who voted in district No. 1, of Boyle county; 
because of the same reason as last above named. 

12. James Brennan—who voted in district No. 1, of Boyle county; 
because he is a foreigner, and not a citizen of the United States. 

13. John Haggin—who voted at district No. 2, of Boyle county; 
because of the same reasons as the last above named. 

14. William Staley—who voted at same place ; because of same 
reason as last above named. 

15. Michael Maho—who voted at same place, and because of same 
reasons as last above named. 

16. Patrick Conley—who voted at same place, and because of 
same reason as last above named. 

17. Frank O’Neal—who voted at district No. 4, of Boyle county, 
and because of same reason as last above named. 

18. James Fitzsimmons—who voted at same place; because of 
same reason as last above named. 

19. Hearn Gee—who voted in district No. 1, in Boyle county; 
because he is an idiot. 

1. James F. Alstott, alias Fletcher Alstott—who voted at Rolling 
Fork precinct, in Casey county ; because he was not twenty-one 
years of age. 

2. Michael McCarty—who voted at same place as last above named; 
because he was a foreigner, and not a citizen of the United States. 

3. Isaac Roaten—who voted at Liberty precinct, in Casey county; 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

4. James Wilson—who voted at Liberty precinct, in Casey county; 
because of the same reasons as last above named. 

5. J. E. King—who voted at the Jenkins district, in Casey county; 
because he was not 21 years of age. 

6. John Henry Bryant—who voted at the Rolling Fork precinct, in 
Casey county; because he was indicted, convicted, and sentenced to 
the penitentiary from said county for felony, and served his time out 
in the penitentiary, and was thereby legally disfranchised. 

7. Martin B. Blevins—who voted at the Tate district, in Casey 
county; because he was not a resident of said district for the time 
required by law; he was, in fact, a resident of the Jenkins district. 

8. Commodore Minor—who voted at the Rolling Fork precinct, in 
Casey county; because he had, before the election, removed to Marion 
county, and was not a resident of the county in which he voted. 

1. Thomas Stockton—who voted in district No. 4, Clinton county; 
because he was not a resident in the State, county, or precinct in 
which he voted for the time required by law. 


KENTUCKY CONTESTED ELECTION. 


121 


2. James Johnson, jr.—who voted in district No. 1, Clinton county; 
because he resided in district No. 4 of said county. 

3. John Lemans—who voted in district No. 3, Clinton county; 
because he was under 21 years of age. 

4. John Hughes—who voted at district No. 2, Clinton county: 
because of the same reason as last above named. 

5. Elijah Brown—who voted in district No. 5, same county, and 
for the same reason as last above named. 

6. John Guthrie—who voted in district No. 1, Clinton county; 
because he lived at the time in district No. 3 of said county. 

7. S. J. Vance—who voted in district No. 5, Clinton county; 
because he lived at the time in district No. 4 of said county. 

8. Joshua Bird well—who voted in district No. 2, Clinton county; 
because he lived in district No. 1 of said county. 

9. George Wilkerson—who voted in district No. 2, Clinton county; 
because he was a foreigner, and not a citizen of the United States. 

10. John Travis—who voted at same place as last above named, 
and because of same reasons. 

11. David Gwinn—who voted at the Albany district, Clinton 
county; because he lived at the time in the Hays district of said 
county. 

12. James Hare—who voted in district No. 3, Clinton county; 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

13. Calvin Givens—who voted at the Albany district, Clinton 
county; because he is non compos mentis , or, in other words, an idiot . 

14. Frederick Greir—who voted at the Piney Woods district, 
Clinton county; because he is a foreigner, and not a citizen of the 
United States. 

1. Samuel Sparks—who voted at Burksville precinct, Cumberland 
county; because he was not a resident of the State, county, or pre¬ 
cinct in which he voted for the time required by law. 

2. James H. Bird—who voted at same place, and for same reasons 
as last above named. 

3. Henr^ Smith—who voted at same place, and for same reasons 
as last above named. 

4. John Niel—who voted at same place, and for same reasons as 
last above named. 

5. Ben. Farmer—who voted at same place, and for same reasons 
as last above named. 

6. G. J. Furkin—who voted at same place, and for same reasons 
as last above named, and because he lived at the time in the Elliott 
district of said county. 

7. John Wright—-who voted at same place, and because he was 
not a resident of the State, county, or precinct in which he voted for 
the time required by law. 

8. J. W. Poulsen—who voted at Kettle Creek precinct, Cumber¬ 
land county; because of the same reasons as last above named. 

9. Jacob Dulworth—who voted at same place, and for same reasons 
as last above named. 


122 


KENTUCKY CONTESTED ELECTION. 


10. A. J. Wilkerson—who voted at Whetstone district, Cumber¬ 
land county; because he resided at the time in Adair county. 

11. John Cooksey—who voted at same place; because lie resided 
at the time in Clinton county. 

12. John Johnson—who voted at the Kettle Creek precinct, Cum¬ 
berland county; because he was not 21 years of age. 

13. Henry Givens—who voted at the Whetstone precinct, Cum¬ 
berland county; because he had not been a resident of the State, 
county, or precinct in which he voted for the time required by law. 

14. James Smith—who voted at the Kettle Creek precinct, Cum¬ 
berland county; because he had not been in the State or county the 
time required by law, and because he was at the time a resident of 
Tennessee. 

15. Alfred Scott—who voted at same place, and for same reasons 
as last above named. 

16. John Powell—who voted at the Elliott district, same county; 
because he was not a resident of the State, county, or district in 
which he voted for the time required by law. 

17. Humphrey Krider or Crider—who voted at the Elliott district, 
Cumberland county; because he was not 21 years of age. 

1. Sam. Powell—who voted at Stanford, Lincoln county; because 
he was not a resident of the State, county, or precinct in which he 
voted for the time required by law. 

2. John Severance, jr.—who voted at Crab Orchard precinct, 
Lincoln county; because he was not at the time a resident of the 
county or precinct in which he voted. 

3. Stephen Blankenship—who voted at same place as last above 
named; because he was at the time a resident of the Walnut Flat 
district. 

4. J. T. Waterhouse—who voted at same place as last above 
named; because he had not been a resident of the State, county, or 
precinct in which he voted for the time required by law. 

5. G. Payne—who voted at Crab Orchard precinct, Lincoln county; 
because of the same reasons as last above named. 

6. Wesley Davis—who voted at same place, and because of same 
reasons as last above named. 

7. Stout Higgins—who voted at the Walnut Flat precinct, in Lin¬ 
coln county; because he had lost his citizenship in said district, and 
because he had not been in the State, county, or district in which he 
voted for the time required by law. 

8. William Sylar—who voted at Waynesburg, in Lincoln county ; 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

9. James Stout—who voted at same place, and because of same rea¬ 
sons as last above named. 

10. Zach. Cook—who voted at same place, and because of same 
reasons as last above named. 

11. Levi Cotton—who voted at Turnersville precinct, in Lincoln 
county; because he was not a resident of said precinct, and because 
at the time he actually lived in Casey county. 


KENTUCKY CONTESTED ELECTION. 


123 


12. Cornelius Campbell—who voted at Hustonville, in Lincoln 
county; because he was a foreigner, and not a citizen of the United 
States, and not a resident of the State, county, or precinct in which 
he voted for the time required by law. 

13. John Sherron or Sherrondon—who voted at same precinct as 
last above named; because he was not 21 years of age. 

14. Charles McWilliams—who voted at same precinct as last above 
named; because he was not a resident of the county or precinct in 
which he voted for the time required by law, and because he was at 
the time a resident of Fayette county, Kentucky. 

15. Adam Petree—who voted at Crab Orchard, in Lincoln county; 
because he was not 21 years of age. 

16. Jesse Haythe—who voted at Waynesburg, in Lincoln county; 
because he had, before the election, removed to Rockcastle county, 
and was not a resident of the precinct in which he voted. 

1. S. E. Reed—who voted at Creelsboro’district, in Russell county; 
because he had not been in the State, county, or precinct the time 
required by law. 

2. James M. Luster—who voted at same place; because of same 
reasons as last above named. 

3. Silas alias Cyrus Collins—who voted at same place, and because 
of same reasons as last above named. 

4. Albert McDowell—who voted at precinct No. 1, in Russell county; 
because he was at the time a resident of precinct No. 2, in said 
county. 

5. William Sharp—who voted in Jamestown precinct, in Russell 
county; because he was not at the time a resident of said precinct. 

6. Elijah Low—who voted at Wolf Creek precinct, in Russell county; 
because he had not been a resident of the State, county, or pre¬ 
cinct for the time required by law. 

7. Lindsay Brummett—who voted at Lairsville precinct, in Russell 
county; because he lived at the time in Clinton county. 

8. James P. Miller—who voted at Creelsboro’, in Russell county; 
because at the time he was a resident of Adair county. The acts ot 
the general assembly of the State of Kentucky for 1825, make the 
house in which said Miller resides in Adair county.—(See pages 40 
and 41.) 

9. Allen Bybee—who voted at Creelsboro’, in Russell county; be¬ 
cause he was at the time a resident of Clinton county. 

1. William Redding—who voted at Saloma precinct, in Taylor 
county; because he had not been a resident of the State, county, or 
precinct the time required by law, and because he refused to be 
sworn. 

2. William Sullivan, jr.—who voted at same place, and for the first 
reason last above named. 

3. James II. Ratliffe—who voted at the Little Pinchem district, in 
Taylor county; because of the same reason last above named. 

4. Frank Rhodes—who voted at Mannsville district, in Taylor 
county: because he was not 21 years of age. 


124 


KENTUCKY CONTESTED ELECTION. 


5. Marion Peterson—who voted at Campbellsville precinct, in Tay¬ 
lor county; because he had not been a resident of the State, county, 
or precinct for the time required by law. 

6. Milton Simpson—who voted at Little Pinchem precinct, in Tay¬ 
lor county; because of the same reasons as last above named. 

7. Henry ShafFner—who voted at same place last above named; 
because he was not 21 years of age. 

I deny that William Davis, and Jackson D. Richardson, and Wm. 
R. Cumbass, voted for you, and were so cried by the sheriff, and that 
the clerk omitted to record them for you ; but I state that the same 
were properly recorded. 

I deny that the judges and clerks of the election at the district in 
which Wiley Turner voted, erased his name and vote without just 
reason. 

I deny that the judges, without good reason, refused to receive the 
vote of Anderson Hare. 

I deny that upon the poll-books the names of Nat. Harmon, Geo. 
W. Crane, and Samuel Leffien are recorded for me; but they voted 
and are recorded for you. The vote of Nelson Pendegraft. is recorded 
for me, and I state that he so voted, and that his vote was so recorded 
by the clerk at the time. 

I deny that George Jones voted for you. I state that he voted for 
me at the polls, and was so recorded. 

I deny that the poll-book of the Ireland precinct, in Taylor county, 
is improperly certified; and also deny that the officers of said precinct 
were not sworn according to law. 

I also deny that the poll-book of district No. 7, in Wayne county, 
was improperly and illegally certified. 

You are hereby notified that I shall object to, and insist upon re¬ 
jecting, the poll-book, and the votes therein recorded, of the Casey 
Creek precinct, in Casey county, because there is no certificate what¬ 
ever upon said book. At said precinct the vote stood, Anderson, 49; 
Chrisman, 95. 

I shall also object to, and insist upon rejecting, the poll-book, and 
the votes thereon recorded, of the Harmony district, in Adair county, 
because the same is not certified as required by law. At said precinct 
the vote stood, Anderson, 37; Chrisman, 230. 

I shall also object to, and insist upon rejecting, the poll-book, and 
the votes thereon recorded, of the Mannsville district, in Taylor 
county, because the same was not certified as required by law. 

I shall also object to, and insist upon rejecting, the poll-book, and 
the votes thereon recorded,.of Whetstone precinct, in Cumberland 
county, because the same was not certified as required by law. 

I shall also object to, and insist upon rejecting, the poll-books of 
all the precincts in Wayne county, because they were never sealed 
up and delivered to the clerk as required by law; and if so delivered, 
were broken open before the time fixed by law. And also, because 
the said poll-books were in your possession, and inspected by you and 
your political friends, before the day fixed for the comparison of the 
polls. 


KENTUCKY CONTESTED ELECTION. 


125 


I shall object to, and insist upon rejecting, all the poll-books of 
Taylor county, because the same were not sealed and delivered accord¬ 
ing to law; and if so sealed and delivered, the seals were broken and 
the books opened before the day fixed by law for the comparison. 

I shall also object to, and insist upon rejecting, all the poll-books of 
Green county, because the same were not certified, sealed, and 
delivered according to law; and if so certified, sealed, and delivered, 
the seals were broken open on Tuesday night next after the election, 
(by your democratic friends,) and before the comparison. 

I shall insist upon counting in my favor the following votes, which 
were cast for me, and omitted to be recorded by the clerk : 

Richard Pendegraft—who voted at district No. 1, Boyle county. 

Henson Pendegraft—who voted at the same place. 

David Wells—who voted at Burksville precinct, Cumberland county. 

Bethel Compton alias B. Compton—who voted at Gradyville pre¬ 
cinct, in Adair county. 

A. J. York—who voted at district No. 3, in Clinton county. His 
name is recorded for Wm. A. Hoskins, a candidate for the State 
senate, instead of for Anderson for Congress—his name being recorded 
for Hoskins and Boles, who were both candidates for the senate. 

I shall insist upon striking from your poll, and adding to my own, 
the vote of— 

J. T. Reynolds—who voted in district No. 3, in Boyle county. He 
voted for me, and his vote, by mistake of the clerk, is recorded for you. 

James Janes—who voted at Gradyville precinct, in Adair county. 
He voted for me, and his vote, by mistake of the clerk, was recorded 
for you. 

Cyrus Judd—who voted at the White Oak district, in Adair county. 
He voted for me, and his vote, by mistake of the clerk, was recorded 
for you. 

I shall insist upon striking from your poll the vote of— 

Samuel M. Baker—who voted at Columbia, in Adair county. He 
voted for me, and his vote, by mistake of the clerk, was recorded for 
you and me both. 

M. Rhyne, F. L. Thomas, A. Polston, Ben. Austin, J. C. Williams, 
J. C. Cundiff, W. S. Baldock, W. J. Jones, Bird Russell, J. Abshear— 
all of whom voted at the Tate precinct, in Casey county, and their 
votes are recorded for you and me both, when they all voted for me. 

William Curry—wdio voted at Columbia, in Adair county. Ho 
voted for me, and his vote, by mistake of the clerk, was recorded for 
you. 

I shall insist upon adding to my poll the names of the following 
voters, who were legal voters, and oftered to vote, and were impro¬ 
perly and illegally rejected by the judges of election : 

Charles B. Kirkland—who offered to vote at precinct No. 1, in 
Boyle county. 

B. W. Moss—who offered to vote at precinct No. 2, in Boyle county. 

Isaac F. Keys—who offered to vote at Greensburg, in Green county. 

I shall also insist upon excluding the votes of the following named 


126 


KENTUCKY CONTESTED ELECTION. 


persons, who were permitted to vote after the time fixed by law for 
closing the polls, and after the polls had closed: 

Frank Delaney—who voted at Crab Orchard precinct, in Lincoln 
county. 

William Griffin—who voted at same place. 

John Shelton, alias Chilton—who voted at Jamestown precinct, in 
Russell county. 

I shall insist upon adding to my poll the votes of the following 
named persons, who voted for me, and were so recorded, and their 
votes stricken from the books by the judges of election, after said 
voters had left the polls, and were not recalled, and without their 
consent or approbation: 

Archibald Sidwell—who voted in district No. 4, Clinton county. 

Jesse Sidw r ell—who voted in district No. 1, same county. 

W. A. Ellis—who voted at district No. 4, same county. 

I shall insist upon rejecting the third page of the poll-book of pre¬ 
cinct No. 5, in Russell county, because the same was not signed by 
the clerk as required bylaw; on that page the vote stood, Chrisman, 
18; Anderson, 9. 

I shall also insist upon striking from your poll the vote of Wm. R. 
Bowman, alias “Wm. Bowman,” who voted in district No. 2, Boyle 
county, because said Bowman gave no vote in the congressional race, 
and by mistake of the clerk, his vote has been recorded for you. 

I shall also insist on striking from your poll the vote of— 

G. R. Yaught—who voted at the Somerset district, in Pulaski 
county; because the vote of the said Vaught was recorded, by mistake 
of the clerk, for you and myself both, when he voted for me. 

I shall also insist upon rejecting the poll-book, and the votes thereon 
recorded, of the Bent district, in Pulaski county, because three of the 
officers who held the election in said district were of the same politics 
wfith } T ourself, and opposed to me in politics; when, by the laws of 
Kentucky, there should have been an equal division of officers if they 
could be found in the district; and I allege that there were enough 
voters residing in the district who agreed wfith me in politics to 
have filled said offices. I state that Joseph Randall, a judge; Greenup 
Meese, sheriff; and Willis J. Stogsdell, clerk of said district, are all 
democrats, and agree wfith you in politics, held said election at said 
district, and at the district the vote stood, Chrisman, 68, and Ander¬ 
son, 2. 

I shall also insist that the vote of Frank Harrison, who voted at the 
Somerset precinct, in Pulaski county, be so changed as to give his 
vote to me alone. By a mistake of the clerk, he is put down as having 
voted for me and you both, w^hen he voted for me alone. 

You claim that at the Kettle Creek precinct, in Cumberland county, 
that a mistake of ten votes was made to your prejudice. If you re¬ 
ceive the benefit of such pretended mistake, and I deny that such a 
mistake was made, I shall claim that the whole vote of Kettle Creek 
precinct be rejected; because the vote of said precinct, or a large 
portion thereof, was recorded by one C. C. Hughes, who was not the 
clerk of said election, and had no authority to act as such. 


KENTUCKY CONTESTED ELECTION. 


127 


I also claim that my actual majority from the county of Boyle was 
490 votes, when, according to the returns sent to Frankfort, it was 
48G, and so counted in the returns. 

In the account sent to Frankfort from the county of Adair, the 
majority against me was 550, when the actual majority was only 549. 

There are other mistakes to my prejudice, as I will show by the 
proof. According to the laws of Kentucky, voting has to be done viva 
voce , and clerks of elections may, and actually do, make mistakes, and 
many have been mnde to my prejudice. The democracy regard every¬ 
thing fair in politics, and after you have been defeated you ought to 
have submitted. Because frauds have been heretofore perpetrated 
by your party in elections, and men defeated when they were fairly 
elected, is no reason that you should now claim my seat. I therefore 
say you cannot chisel me out of my seat, to which I am fairly and 
honestly elected. 

The treasury at Washington is empty, and will doubtless be if 
Buchanan democracy is continued in power. I am informed, and 
shall insist upon, and expect to prove, that you have said that you 
did not desire to contest my seat, but some of your party forced you 
to do it; but even if defeated in Congress, you would get the mileage 
and compensation anyhow. 

1. John Ping—who voted at the Dallas district, in Pulaski county ; 
because he had not been a resident of the State, county, or district 
for the time required by law. 

2. William Thompson—who voted at the Dallas district, in Pulaski 
county; because he was not 21 years of age. 

3. William Pierce—who voted at the Harrison district, in Pulaski 
county; because he was not 21 years of age. 

4. David Sadler—who voted at the Harrison district, Pulaski county; 
because he was not a resident for the time required by law; in fact, 
he was a resident of Logan county, Kentucky, at the time of said 
election. 

5. Leroy Wliitiss—who voted at the Gaines district, in Pulaski 
county; because he was not 21 years of age. 

G. Samuel Garland—who voted at the Point Isabel district, in Pu¬ 
laski county; because he had been indicted, convicted, and sentenced 
to the penitentiary for felony, from Whitley county, Kentucky, and 
served his time out therein, and was thereby, by law, disfranchised. 

7. Erased. . 

8. Eli Dykes, jr.—who voted at the Somerset district, m Pulaski 
county; because he was a resident of the Bent district, Pulaski county, 
at the time of said election. 

9. John L. Logan—who voted at the Harrison district, in I ulaski 
county; because he was not a resident of the State, county, oi district 

for the time required by law. . 

10. Samuel Thacker—who voted at the Juggernaut district, in 
Pulaski county; because he had been indicted, convicted, and sen¬ 
tenced to the penitentiary, and served his time out therein, and was 

therebv disfranchised. . , . 

11. Wesley Neal—who voted at the Buncombe district, in 1 ulaski 


128 


KENTUCKY CONTESTED ELECTION. 


county; because he was not a resident of the State, county, or district 
for the time required by law. 

12. Norris Williams—who voted at the Bent district, in Pulaski 
county; because he was not a resident of the State, county, or district 
for the time required by law. 

13. Washington Reynolds—who voted at the Bent district, in Pu¬ 
laski county; because of the same reason as last above stated. 

14. James Parton—who voted at the Harrison district, in Pulaski 
county; because he was not 21 years of age. 

15. John Elder—who voted at the same district for the same reason 
as above. 

16. Pleasant Jeffries—who voted at the Juggernaut district, in 
Pulaski county; because he was a foreigner, and not a citizen of the 
United States. 

17. Thomas Jenkins—who voted at the same district, and for the 
same reason as above. 

18. Henderson Angell—who voted at the same district; because 
he was not a resident of the State, county, or district for the time 
required by law. 

19. Patrick Doyle—who voted at the same district; because he was 
not a resident of the State, county, or district for the time required 
by law. 

20. Samuel Hansard—who voted at the same district; because there 
is no such voter living in said district. 

21. John Davis—who voted at the Somerset district, Pulaski county; 
because he was not 21 years of age. 

22. Wm. Burton, son of Benj. Burton—who voted at the Gaines 
district, Pulaski county; because he was not 21 years of age. 

23. Dunny Lustre, son of Jesse Lustre—who voted at the same 
district, and for the same reason. 

24. J. J. Smiley—who voted at the Grundy district, Pulaski county; 
because he was not a resident of the State, county, or district for the 
time required by law. 

25. Emerson Strunk—who voted at the Texas district, Pulaski 
county, because he was not 21 years of age. 

26. Joseph Keith—who voted at the same district, and forHhe 
same reason. 

27. Daniel Chitwood—who voted at the same district; because he 
was not a resident of the State, county, or district for the time re¬ 
quired by law. 

28. Jonathan Abbott—who voted at the same district, and for the 
same reason. 

29. John Brown—who voted at the same district, and for the same 
reason. 

30. Elijah Burton—who voted at the Gaines district, Pulaski 
county; because he was not 21 years of age. 

1. Samuel Chaney—who voted at the district No. 5, in Green 
county ; because he was not 21 years of age. 

2. Isaac Hartfield—who voted at district No. 4, in said county ; 
because he was a foreigner, and not a citizen of the United States/ 


KENTUCKY CONTESTED ELECTION. 


129 


3. Samuel Bennett, jr.—who voted in the same district last named; 
because he was not a resident of the State, county, or precinct for 
the time required by law. 

4. Daniel Sullivan, sen.—who voted at the Greensburg precinct ; 
because of the same reasons last above named. 

5. Selden Renfro—who voted at district No. 5, in Green county ; 
because of the same reasons last above named. 

6. Thos. Elmore—who voted at district No. 4, in Green county; 
because he was not 21 years of age. 

1. George W. St. Johns—who voted at district No. 1, Wayne county; 
because he was not a resident of the State, county, or precinct for 
the time required by law. 

2. William Boston—who voted at district No. 1, of said county ; 
because he was not a resident of the county or district for the time 
required by law. 

3. Charles Mitchell—who voted at the same place ; because he has 
not been a resident of the State, county, or district for the time re¬ 
quired by law. 

4. E. B. Jones—who voted at the same district; because he is a 
foreigner, and not a citizen of the United States, nor a resident of 
the State, county, or district the time required by law. 

5. J. J. Shepperd—who voted at the same district; because he was 
not a resident of the State, county, or precinct for the time required 
by law. 

6. Henry Greer—who voted at the same district; because he is a 
foreigner, and not a citizen of the United States. 

7. A. K. Russell—who voted at the same district; because he was 
not a resident of the State, county, or district for the time required 
by law. 

8. James Low—who voted at the same district; because he was not 
a resident of the State, county, or precinct for the time required by 
law. 

9. E. F. Waller—who voted at the same district; because he was 
not a resident of the State, county, or district for the time required 
by law. 

10. Henry Martin—who voted at the same district; because he is 
a foreigner, and not a citizen of the United States. 

11. Andrew Henry—who voted at the same district; because he is 
not 21 years of age. 

12. John Chriswell—who voted at the same district ; because he 
was not a resident of the county or district for the time required by 
law ; in fact, he is a resident of Clinton county, Kentucky. 

13. G. B. Vaughn—who voted at the same district ; because he is 
not a resident of the district. 

14. Shelby Thomas—who voted at the same district; because he ia- 
not 21 years of age. 

15. Charles Orman—who voted at the same district; because he is 
a foreigner, and not a citizen of the United States.. 

16. George Smith—who voted at the same district; because he is- 
not 21 years of age. 


130 


KENTUCKY CONTESTED ELECTION. 


17. William Terry—who voted at the same district; because he 
was not a resident of the county or district; in fact, he was a resi¬ 
dent of Russell county at the time of the election. 

18. George Arthur—who voted at the same district; because, after 
he had voted for me, and left the polls, his name was erased from the 
poll-books. 

19. J. McBlack—who voted at the Mill Springs, in Wayne county; 
there is no such voter in the district. 

20. Seaburn Crutchfield—who voted at the Mill Springs district, in 
Wayne county ; because he was not a resident of the county, State, 
or district for the time required by law; in fact, he is a resident of 
Kansas Territory, and voted, or said he voted, in said Territory; and 
further, because he is not entitled to vote in Kentucky, or anywhere 
else, he being under 21 years of age. 

21. Thomas Rutherford—who voted at the same district; because 
he is not 21 years of age. 

22. Marion Stevenson—who voted at the same district; because 
he is not a resident of the county or district for the time required by 
law. 

23. Thomas Mus—who voted at the same district; for the reasons 
last above named. 

24. Wm. Scantland—who voted at the same district; because he 
is not 21 years of age. 

25. Sam’l Pennington—who voted at the same district; because 
he was not a resident of the State, county, or district for the time 
required by law. 

26. John Fredricks—who voted at the same district; because he is 
a foreigner, and not a citizen of the United States. 

27. James Daus—who voted at the same district; because he is 
not a resident of the county or district; in fact, he is a resident of 
Pulaski county. 

28. Wm. Dobkins—who voted at the same district; because he 

was not a resident of the State, county, or district for the time re¬ 
quired by law. % 

29. H. P. Jones—who voted at the same district; because he was 
not a resident of the county or district for the time required by law. 

30. S. A. Hutchinson—who voted at the same district; because he 
is not 21 years of age. 

31. Wm. Weaver—who voted at the same district; because, after 
he had voted, and several other voters had voted after him, he had 
his vote recorded for you, he not having voted for you when he first 
cast his vote for the other democratic candidates for the various 
offices of the State, &c. 

32. William Foster, jr.—who voted in Mill Spring district; because 
he is under 21 years of age, and not a resident of the district, as re¬ 
quired by law. 

33. George Payne—who voted at the same district; because he is 
an idiot. 

34. F. M. Marcum—who voted at the same district; because after 


KENTUCKY CONTESTED ELECTION. 


131 


he had recorded his vote for me, and had left the polls, his name was 
erased from the poll books, so far as his having voted for me. 

35. Thomas Simpson—who voted in Mill Spring district, in Wayne 
county; because he was under 21 years of age. 

36. Alberry Shoat—who voted at the Edwards district, in Wayne 
county; because he was not a resident of the county for the time re¬ 
quired by law. 

37. Emerson Hancock—who voted at the same district; because he 
was not 21 years of age. 

38. Wm. Rule—who voted at the same district; for the same reason 
last stated. 

39. Shelby Denny—who voted at the same district; for the same 
reason last stated. 

40. Wm. Carter—who voted at the same district; because he was 
not a resident of the State, county, or district for the time required 
by law. 

41. Granville Morgan—who voted at the same district; because he 
is not 21 years of age. 

42. C. F. Kidd—who voted at the same district; because he was 
not a resident of the State, county, or precinct for the time required 
by law. 

43. John Sloan, jr.—who voted at same place; because of the rea¬ 
sons above named. 

44. Berry Shoat—who voted at the same place; because of the 
reasons above named. 

45. Andrew Hill—who voted at the South Fork district, in Wayne 
county; because he was not 21 years of age. 

46. Granville Spradlin—who voted at the same place; because he 
was not 21 years of age. 

47. William Brewster—who voted at the same place; because he 
was not a resident for the time required by law. 

48. Peter Phipps—who voted at the same place; he only voted for 
W. A. Hoskins, a candidate for the State senate; he did not vote in 
the congressional race, and his vote, since the polls were returned, 
has been put down for Chrisman. 

49. Patten Foster—who voted in district No. 7, Dobbsville; because 
he was not a resident for the time required by law. 

50. William King—who voted at the same place; because he was 
not 21 years of age. 

51. James Davis—who voted at same place; because he was not a 
resident for the time required by law. 

52. Frank Winchester—who voted at the same place; because of 
the reasons last above named. 

53. Hiram Troxdall—who voted at the same place; because he was 
not 21 years of age. 

54. Bryant Thurston—who voted at the Mullentown district, Wayne 
county; because he was not 21 years of age. 

55. Granville Shoat—who voted at the same place; because he was 
not a resident for the time required by law. 

56. William Kennedy—who voted at the Sinking district, in Wayne 
county; because he was not a resident for the time required by law. 


132 


KENTUCKY CONTESTED ELECTION. 


57. Isaac Mason—who voted at same place; because he is not a 
legal voter. 

58. Stephen Loveall—who voted at same place; because he is 
under 21 years of age. 

59. Gideon Loveall—who voted at same place; because he is not 
a legal voter. 

60. Christopher Jones—who voted at same place; because he is 
not 21 years of age. 

John Honey—who voted at Mullentown, not having been a resident 
of the district, State, or county the time required by law. 

I have denied the charges in the paragraphs named, and may have 
omitted to speak of some special charges in your pretended notice. 
If so, I hereby deny them. But I do admit that Abraham Monroe, 
whose vote you challenged, as I suppose, was not a legal voter; for if 
you will examine the poll-books, you will find that said Monroe voted 
for you, and is recorded and counted. 

You have also challenged the vote of James Lair. The said Lair 
voted for you and is so recorded, but the same is illegal; and I there¬ 
fore admit that as he voted for you his vote is illegal. 

I have been persecuted by the leaders of the democratic party, and 
my seat in the Congress of the United States has been contested; 
but I expect to prove, and will prove, before said Congress, that I am 
honestly, fairly, and legally elected to that position ; and I will state, 
that in the discharge of the high duty, as the representative from the 
fourth congressional district of Kentucky, endeavor to so act, as to 
meet with the confidence and respect of my constituents. The war¬ 
worn veteran, the children of the country, the widow, the orphan, 
shall, so far as my feeble efforts are concerned, be fully rewarded. 

W. C. ANDERSON. 

Executed the within upon James S. Chrisman, (the within named,) 
by delivering to him a true copy hereof on the 10th day of October, 
1859, in the town of Monticello, Wayne county, Kentucky. 

F. BATES, S. W. C. 

By L. P. BAKER, JD. S. 

James S. Chrisman: And I will, on the 23d day of November, 1859, 
at the court-house in the town of Somerset, Pulaski county, Kentucky, 
before D. H. Denton, presiding judge of the Pulaski county court, 
take the depositions of Robert Smith, James Delany, W. M. Adams, 
W. Adams, John P. Umruilly, Thomas Gibson, W. F. Scott, E. Milton, 
John Denny, Samuel Owens, James Denny, Reuben Denny, William 
Mounte, Peter Waddle, Wm. Grear, Jarren Ballow, Samuel Lane, R. 
Phelps, Tyre Turpin, Thomas Durham, John M. Hale, Wesley Hale, 
Thomas Hale, T. Q. Jasper, A. E. Massey, James Massey, William 
Davis, Richard Burnett, J. D. Alcorn, William McKee Fox, Frank 
Harrison, George R. Yaught, John M. Hayden, E. D. Porch, Ben. 
Compton, Jack. Patton, S. C. Severs, D. W. Russell, J. M. Widdle, 
W. F. Dobbs, W. L. Buchanan, Stephen Burton, J. Q. A. Richardson, 
Jo. B. Newell, S. H. Tate, A. M. Beaty, Jas. Jasper, Wm. Waddle, 


KENTUCKY CONTESTED ELECTION. 


133 


J. W. Adams, Silas Tartar, Riley Mise, Jeff. Hargs, M. G. Mise, 
Allen Jones, J. M. Perkins, Thomas Doolin, Hamilton Hinds, J. M. 
Smith, Silas Poice, Olivia Waddell, J. H. Davis, John Owens, (Gains 
district,) Stephen Burton, Jack. Hart, Alfred Taylor, Haywood Simp¬ 
son, Jack. Ingram, Eli Carell, Dudley Massengal, W. F. Patterson, 
and Wm. Love, all of which witnesses now reside in Pulaski county, 
except, may be, that Eli Carell and Dudley Massengal live in the 
county of Wayne. 

W. C. ANDERSON. 

Mr. James S. Chrisman: You are hereby notified that on the 23d 
24th, 25th, 26th, and 27th days of November, A. D. 1859, at the 
court-house in the town of Somerset, Pulaski county, Kentucky, I 
will take depositions, to be read as evidence before the House of Rep¬ 
resentatives of the United States in Congress assembled, in the matter 
of contest between you and myself, relative to the election held on 
Monday the 1st day of August last, for representative of the fourth 
congressional district of Kentucky, at which election I was duly 
elected by the qualified voters of said district a member of the House 
of Representatives of the 36th Congress, and my right to a seat and 
membership therein is contested by you. In addition to the depo¬ 
sitions I have heretofore notified you that I would take, I will take 
those of the following named persons, viz: John W. Adams, Robert 
Woodcock, H. Dugan, P. H. Wilson, John R. Richardson, Richard 
Burnett, James Burnett, D. A. Davis, E. Brown, John G. Edwards, 
Archibald B. Haynes, Wm. L. Brown, Anna Mounce, Betsy Mounce, 
Thomas Hail, Adam Marsee, David Marsee, Thomas P. Minks, H. T. 
Minks, Nathan Buchanan and wife, Kezziah Burton, James Jasper, 
Polly Durham, Stephen Burton, William Strunk, Allen Morgan, 
Horace Withers, Daniel Lowder, Dickerson Thompson, Malinda Love- 
all, James Ecton, Michael Kelly, Thomas Hughes, A. J. Ingram, 
William M. Fox, William Colyer, and Henry Muce, son of Polly Muce, 
which depositions are to be read to sustain all the votes challenged 
by you, and to show that the following named persons, whose votes 
were cast for you at said election, were not qualified voters, but were 
incompetent and illegal, for the reasons herewith assigned and annexed 
to their several names, viz: 

Thomas Langdon, an idiot, voted at district No. 5. 

Frank Bishop, an idiot, same voting place. 

William Stewart, an idiot, same voting place. 

Otho Daugherty, Gaines district, No. 2, disfranchised by being 
convicted to the penitentiary, and not in the county or district long 
enough. 

Stephen Loveall, Harrison district, No. 3, not 21 years old. 

William B. Cowan, Gaines district, No. 2, not in the district long 
enough. 

P. Maxey, Gaines district, No. 2, not 21 years old. 

Willis Watkins, Gaines district, No. 2, not a resident of the district 
in which he voted. 


134 


KENTUCKY CONTESTED ELECTION. 


William Burton, Gaines district, No. 2, not a resident of the district 
in which he voted. 

Christian Grier, sen., and Christian Grier, jr., voted at Gaines 
district, No. 2; both foreigners, and did present naturalization papers. 
Aliens, not naturalized. 

Also that the votes of the following named persons are set down 
on the poll-book of Pulaski county for you and counted for you, when, 
in fact, their votes were cast for me but counted against me, viz: 

Horace Withers, Somerset district, No. 1. 

Daniel Lowder, Price’s district, No. 5. 

At which times and places you can attend if you see proper. This 
25th day of October, 1859. 

Very respectfully, yours, &c., 

WILLIAM C. ANDERSON. 


State of Kentucky, Pulaski county , set: 

I, M. E. Burkhart, a constable of district No. 1, in and for the 
county and State aforesaid, do certify that I executed the within 
notice on James S. Chrisman, on this day, by delivering to him a 
true copy of same. This 25th day of October, 1859. 

M. E. BURKHART, 

Constable of Pulaski County. 


Sworn to by M. E. Burkhart, before me, this 25th day of October, 
1859. 


E. D. PORCH, 

Justice of the Peace of Pulaski County. 


William C. Anderson : 

Sir: You are notified I will appear before the House of Representa¬ 
tives of the Congress of the United States, at their next session, and 
lontest your right to a seat as a member of that body for and during 
he 36th Congress of the United States for the fourth congressional 
district of the State of Kentucky, claiming that at the election held 
in said fourth congressional district, for the State of Kentucky, on the 
1st day of August, 1859, for member of Congress to represent said 
district for and during the 36th Congress of the United States, I was 
duly and lawfully elected, by the legal vote of the people qualified to 
vote, to said office. Your right will be contested on the following 
grounds: 

1. A majority of the votes polled at said election between us were 
for me, and against you. By a mistake made by the county board for 
examining poll-books for the county of Cumberland in said district, 
they certified to the State board a smaller number of votes for me than 
1 actually got, and a larger number of votes for you than you actually 
got at said election in said county of Cumberland; and although in 
due and proper time this mistake was corrected by an amended and 
supplemental certificate and return of the county board, duly trans¬ 
mitted to the State board, the latter in their canvass and estimate of 



KENTUCKY CONTESTED ELECTION. 


135 


the votes of said district, in said election, had no regard to the said 
amended certificate, and improperly and unlawfully disregarded the 
same, when, if it had been regarded, my majority would have been 
seven votes, according to the face of the poll-books as they staDd. 

2. I received a majority of the legal votes polled at said election 
between us in said congressional district. 

3. Divers votes were by fraud or mistake of the officers of the 
election recorded on the poll-books for you , when such votes had been 
actually cast for me. 

4. Divers voters, who came to the polls at divers voting places in 
the district, being good voters, legally qualified and entitled to vote, 
desiring and offering to vote for me, were improperly and unlawfully 
denied by the officers of the election the right of voting, and rejected 
and unlawfully prevented from voting, when they would have voted 
for me. 

5. Divers persons not qualified by law, some by reason of not having 
resided sixty days in their voting precinct next before the election, 
one year in the county, or two years in the State; others by reason 
of not being free white male citizens over twenty-one years old, as 
required by the constitution and laws of Kentucky, at the various 
voting places in the district, and at each voting place in said district, 
were unlawfully permitted to vote for you against me in said election. 

6. Divers persons were unlawfully permitted to vote twice for you 
at the same election. Persons who voted for me were, by fraud or 
mistake, recorded for both of us. 

7. Persons were unlawfully permitted to vote for you who were 
disfranchised and deprived of the right of suffrage by reason of having 
been convicted of high crimes and misdemeanors. 

8. Persons who were not citizens of the United States were unlaw¬ 
fully permitted to vote for you against me in said election. 

9. Certain poll*books of said election, and particularly the poll- 
book of district No. 1, in the county of Boyle, have been fraudulently 
altered, mutilated and changed since the election, and since they were 
certified and delivered by the officers of the election, and prior to the 
issuing of the certificate to you by the State board, whereby your vote 
was apparently increased, and mine diminished. 

10. Legal voters voted for me at said election, and after their votes 
had been recorded for me their names and votes were unlawfully 
and improperly stricken from the poll-book. 

11. All the votes recorded for me at the various voting places in 
said district at said election were legal and qualified voters, and their 
vote for me rightly recorded. 

12. I object to, challenge, and insist upon striking off the following 
named persons, whose names are recorded on the poll-books of the 
various voting places in said district at said election, and for the reasons 
assigned next to the names of each, to wit: 

Ivory Thompson—Because he did not reside in the State, county, 
or precinct in which he voted for the time required by law. 

C. Timmy, jr.—Because he is a foreigner by birth, and not a citizen 
of the United States, not having been naturalized. 


136 


KENTUCKY CONTESTED ELECTION. 


Enoch Phelps—Because he was not a resident of the precinct in 
which he voted at the time he cast his vote. 

Abraham Mounce—Because he was not twenty-one years of age at 
the time he voted. 

Joseph Wallen, jr.—Because he was not twenty-one years of age 
at the time he voted. 

W. M. Adams—Because he did not reside in the county or precinct 
at which he voted when his vote was cast. 

William Gibson—Because he did not reside in the State, county, 
or precinct in which he voted for the time required by law. 

W. F. alias Frank Patterson—Because of the same reasons as 
above last stated. 

E. McNair—Because of the same reasons as last above stated. 

Kichard Burnett—Because of the same reasons as last above stated. 

William Mounce—Because of the same reasons as last above stated. 

Peter Waddle—Because he was not twenty-one years old at the 
time he voted. 

Randolph Meridith—Because he was not a resident of the State, 
county, or precinct in which he voted for the time required by law. 

A. L. McGee—Because of the same reasons as last above stated. 

R. Phelps—Because of the same reasons as last above stated. 

Tyre Turpen—Because of the same reasons as last above stated. 

A. E. Massey—^Because he was not twenty-one years of age at the 
time he voted. 

James Massy—Because of the same reason as last above stated. 

William Davis—Because he was not a resident of the State, county, 
or precinct in which he voted for the time required by law. 

John Fenston—Because of the same reasons last above stated. 

Benjamin F. Taylor—Because of the same reasons last above stated. 

Bales Baugh—Because he was not twenty-one years old at the time 
he voted. 

Nelson Davis—Because he was not a resident or citizen of the Sta e, 
county, or district in which he voted for the period of time required 
by law. 

James Lowe—Because he was not twenty-one years of age at the 
time he voted. 

David Lowe—Because of the same reason as last above stated. 

William Massengal—Because he was not twenty-one years of age 
at the time he voted. 

William Crabtree—Because he was not a resident of the State, 
county, or precinct in which he voted for the time required by law. 

Shadrack Blevins—Because he was not a resident of the State, 
county, or precinct in which he voted for the time required by law. 

Joseph Roberts—Because he was not twenty-one years of age at the 
time he voted. 

Isaac Harden—Because he was not a resident of the State, county, 
or precinct at which he voted for the period of time required by law. 

Elijah Spradlen—Because of the reasons last above stated. 

Harden Stevens—Because he was not twenty-one years of age at 
the time he voted. 

George Sumpter—Because he was not a resident of the State, 


KENTUCKY CONTESTED ELECTION. 137 

county, or precinct in which he voted for the period of time required 
by law. 

John Horton—Because of the same reasons last above stated. 

Carey Abner—Because of the same reasons last above stated. 

Bartholomew Lawson—Because of the same reasons last above 
stated. 

James Lawson—Because of the same reasons last above stated. 

John Rollens—Because he was not twenty-one years of age at the 
time he voted. 

J. H. D. Floyd—Because of the same reason last above stated. 

Simeon Marcum—Because he did not reside in the State, county, 
or district in which he voted for the time required by law. 

P. H. Clark—Because he is not a free white man, is of mixed 
blood, being at least one-fourth of African or negro blood. 

S. W. Hunter—Because he was not a resident of the State, county, 
or district in which he voted for the period of time required by law. 

Lewis Gwinn—Because of the same reasons last above stated. 

George Westmoreland—Because of the same reasons last above 
stated. 

John Westmoreland—Because of the same reasons last above stated. 

Anderson Maynard—Because of the same reasons last above named. 

James C Hancock—Because of the same reasons last above stated. 

Joseph C. Pace—Because of the same reasons last above stated. 

Thomas Rhodesmend—Because of the same reasons last above 
named. 

John Hardeson—Because he was not twenty-one years of age at 
the time he voted. 

Thomas A. Vaughn—Because he was convicted, sentenced to, and 
confined in the Kentucky penitentiary for larceny, by the judgment 
of the circuit court of Cumberland county in 1856, and thereby dis¬ 
franchised. 

Joseph Brummett—Because he was not 21 years of age when he 
voted. 

James M. Cloyd—Because he was not a resident of the State, 
county, or precinct in which he voted for the time required by law. 

James Brummett—Because of the reasons last above stated. 

G. F. Dowell—Because he was not 21 years of age, and not a res¬ 
ident of the State, county, or precinct in which he voted for the 
period of time required by law. 

J. M. Glidewell—Because he was not a resident of the State, 
county, or precinct in which he voted for the time required by law. 

Burton Smith—Because of the same reasons last above stated. 

William Sevier—Because he was not 21 years old when he voted. 

Thomas Roy—Because he was not 21 years old when he voted. 

William Wright—Because he was not a resident of the county or 
district in which he voted. 

Jesse Dulley—-Because he lives, and at the time he voted did live, 
in Barren county, not in the district; and because he voted both in 
the Elliott precinct, in Cumberland, and at “ Harmony,” in Adair. 

Wiley Summers—Because he was not 21 years of age at the time 
he voted. 


138 


KENTUCKY CONTESTED ELECTION. 


James B. Elder—Because he was not a resident of the State, county, 
or precinct in which he voted for the time required by law. 

William Bacon—Because of the same reasons last above stated. 

R. W. Stevenson—Because of the same reasons last above stated. 

George Beddow—Because of the same reasons last above stated. 

Samuel D. Barnet—Because of the same reasons last above stated. 

James Patton—Because of the same reasons last above stated. 

Joseph McNull—Because of the same reasons last above stated. 

James Bless—Because of the same reasons last above stated. 

Alexander Martin—Because of the same reasons last above stated. 

Pink Grady—Because he was not 21 years of age at the time he 
voted. 

B. F. White—Because of the same reason last above stated. 

Isaac Graham—Because he was not a resident of the State, county, 
or district in which he voted for the period of time required by law. 

R. Mary—Because of the same reasons last above stated. 

Charles King—Because of the same reasons last above stated. 

William Tuggle—Because of the same reasons last above stated. 

H. L. Carpenter—Because of the same reasons last above stated. 

A. J. Reynolds—Because of the same reasons last above named. 

Joseph Williams—Because of the same reasons last above named. 

A. F. Merriman—Because of the same reasons last above named. 

G. W. Nelson—Because of the same reasons last above named. 

J. H. Cranch—Because of the same reasons last above named, and 
because he was convicted, sentenced, and confined in the penitentiary 
of Tennessee for felony, and thereby disfranchised. 

James W. Banks—Because he was not a citizen of the State, 
county, or precinct in which he voted for the time required by law. 

James Nell—Because he was not a resident of the State, county, or 
precinct in which he voted for the time required by law. 

James P. Wright—Because of the same reasons last above named. 

A. B. Cox—Because of a lotal absence of every qualification re¬ 
quired by law. 

William S. Matthews—Because he was not a resident of the county 
or precinct at which he voted for the time required by law. 

Francis Wright—Because he was not twenty-one years of age when 
he voted. 

William Rakes—Because he was not a resident of the State, county, 
or precinct in which he voted for the time required by law. 

William T. Martin—Because of the same reasons last above stated. 

Robert Buchanan—Because of the same reasons last above stated. 

John Griffin—Because of the same reasons last above stated. 

Elisha Berry—Because of the same reasons last above stated. 

W. A. Wood—Because of the same reasons last above stated. 

Preston Satterfield—Because he was not 21 years of age at the time 
he voted. 

Stephen Wilson—Because of the same reason last above stated. 

Jesse Wright—Because he was not a resident of the State, county, 
or precinct in which he voted for the period of time required by law. 

William Collins—Because of the same reasons last above named. 

Nathan Lawhorn—Because he was convicted, sentenced, and con- 


KENTUCKY CONTESTED ELECTION. 


139 


lined in the Kentucky penitentiary for felony, and thereby disfran¬ 
chised. 

G. M. Brown—Because he was not 21 years of age when he voted. 

T. W. Lukins alias Lumpkins—Because of the same reasons last 
above assigned. 

T. R. Tucker—Because he was not a resident of the State, county, 
or precinct in which he voted for the time required by law. 

V. P. Moore—This voter voted for me, but by mistake of the clerk 
his vote was recorded for both of us. I shall claim that his vote be 
counted for me, and erased from your poll. 

The following persons voted for me, and their votes so cried by the 
sheriff, hut the clerk omitted to record them for me: 

William Davis, Jackson D. Richardson, William R. Cumbass. I 
shall claim that their names be added to the list of persons voting for 
me. 

Wiley Turner—I shall also claim that the vote of Wiley Turner be 
added to the list of those voting for me, because, after he had so voted, 
the judges and clerk of the district at which he voted, erased his 
name and vote without just reason, he being a legal voter. 

Anderson Hare—I shall also claim that the vote of Anderson Hare 
he counted for me, he having offered and demanded to vote for me, 
hut was refused by the judges without good reason, he being a legal 
voter. 

I shall also object to, challenge, and insist upon striking off the 
votes of the following other persons whose names are recorded on 
the poll-hooks of the various precincts in said district at said election, 
and for the reasons assigned next to the names of each to wit: 

John Surcy—Because he did not reside in the State, county, or pre¬ 
cinct in which he voted for the time required by law. 

William Beasley—Because he did not reside in the State, county, 
or precinct in which he voted for the time required by law. 

George Tate—Because of the same reasons last above stated. 

Benj. Bruner—Because of the same reasons last above stated. 

George N. McNeil—Because of the same reasons last above stated. 

C. C. McClure—Because of the same reasons last above stated. 

James T. Haley—Because of the same reasons last above named. 

E. Preston—Because of the same reasons last above named. 

Zachariah Price—Because of the same reasons last above named, 
and because he was not 21 years of age when he voted. 

Edward Jones—Because he is an idiot and incapable of voting. 

George D. Masonheimer—Because he did not reside in the county 
or precinct in which he voted for the time required by law. 

Lee Yager—Because of the same reason last above named. 

I shall also claim and insist that the votes of the following named 
persons, who are recorded as having voted for you, be counted forme , 
and added to my poll, because in fact they voted for me, and by mis¬ 
take of the clerk or otherwise they are made on the poll-books to 
vote for you, viz: 

Nelson Pendergaft, Nat Harmon, Geo. W. Crane, George Jones, 

Samuel Leflfew. , 

I shall also object to and insist upon rejecting the poll-books, and 


140 


KENTUCKY CONTESTED ELECTION. 


all the votes recorded at the Ireland precinct, in the county of Taylor, 
because the officers of said election, who conducted and held the same, 
nor neither of them, were sworn according to law, nor was the said 
poll-book certified by the officers, as required by law. 

I shall also object to and insist upon rejecting the poll-book, and 
all the votes given at the 7th district, in the county of Wayne, for the 
same reasons as last above assigned. 

JAMES S. CHRISMAN. 

Danville, September 19, 1859. 

State of Kentucky, to wit: 

The undersigned, Wm. R. Taylor, states that he delivered to Wil¬ 
liam C. Anderson, the person to whom the within and foregoing no¬ 
tice is addressed, a true copy of the said notice on the 20th day of 
September, 1859. 

W. R. TAYLOR, M. T. D. 

Sworn to by the above named subscriber before me, clerk of the 
Boyle county court, this 20th of September, 1859. 

JAS. F. ZIMMERMAN, C. B . G. G . 

The deposition of George R. Taught, taken at the court-house in 
the town of Somerset, Pulaski county, Kentucky, on the 23d day of 
November, 1859, to be read as evidence in the matter of controversy, 
wherein James S. Chrisman is contesting, before the House of Repre¬ 
sentatives of the Congress of the United States, the right of William 
C. Anderson to take and hold his seat as representative from the 
fourth congressional district of Kentucky. 

Witness being of lawful age and first duly sworn, says: 

By Anderson’s attorney. Where do you reside, in what county and 
precinct did you vote at the last August election, and for whom did 
you vote in the race between James S. Chrisman and W. C. Anderson, 
candidates for Congress? 

Answer. I live in Pulaski county, about five miles from this place, 
on Clefty creek. I voted in Pulaski county at the Somerset precinct. 
I voted for W. C. Anderson for Congress at the last August election. 

By same. If your name is recorded as having voted for both Chris¬ 
man and Anderson at said election, or for Chrisman alone, is it or not 
a mistake of the clerk of the election ? 

Answer. It is a mistake if so recorded. 

Cross-examined . 

Did you vote by ticket or viva voce ? 

Answer. I voted by ticket. 

For whom did you vote at said election, beside Mr. Anderson, for 
the various offices ? 

Answer. I do not recollect now who they were. 

Do you recollect what sort of a ticket you used ? and if so, state 
and describe the ticket. 


KENTUCKY CONTESTED ELECTION. 141 

Answer. I voted the American ticket throughout, except for John 
Griffin. 

Are you sure you voted for Mr. Griffin ? 

Answer. I am. 

Was your vote so recorded? 

Answer. I expect it was; I did not see it recorded. 

Were the words “American ticket” written or printed on the top 
of the ticket you used in voting ? 

Answer. It was printed. 

Was your vote cried aloud by the sheriff of the election? 

Answer. It was. 

Did the sheriff cry your vote for Griffin ? 

Answer. He did. 

You have stated that if your vote stands recorded on the poll-book 
for Chrisman that it is or was a mistake made by the clerk of the 
election. How do you know that the clerk made such mistake, or 
who marked your vote for Chrisman, if it is so marked ? 

Answer. I don’t know who made the mistake. 

Why then did you state that the clerk of the election made it if 
your vote was so recorded ? 

Answer. If I said that the clerk made the mistake it was a mistake 
in me. 

Do you ever drink any spirits ? 

Answer. I do. 

Do you ever drink to intoxication ? 

Answer. I do. 

How were you on the election day last August—drunk, drinking, or 
sober ? 

Answer. I was sober up to the time I voted; I had not drank any¬ 
thing till I voted. 

What time of day did you vote? 

Answer. It was in the forepart of the day. 

State the hour, as well as you remember, and how many votes you 
think had been polled before yours ? 

Answer. It was about 11 o’clock, as well as I can recollect at this 
time. 

Do you now state that >ou had not drank any spirits up to 11 o’clock 
on the day of the August election, or certainly up to the time you voted? 

Answer. I had not drank up to the time I voted. 

Look on the poll-book for precinct No. 1, in which you voted, and 
state whether your vote is or not recorded for Griffin ? 

Answer. I can’t read. 

If it is not so recorded, is or not the failure to record it a mistake 
made by some one ? 

Answer. It is. 

By Anderson’s attorney. If your vote is recorded for Chrisman, is 
or not that a mistake of the person who so recorded it? 

Answer. It is a mistake. 

And further saith not. 


GEO. R. YAUGHT. 


142 


KENTUCKY CONTESTED ELECTION. 


Also the deposition of Abraham Haines, taken at the same time 
and place, for the purpose mentioned in the caption, who, being of 
lawful age and first duly sworn, says : 

By Anderson 7 s attorney. What is your name? Where do you re¬ 
side ? For whom did you vote, at the last August election, in the 
race between Chrisman and Anderson ? and in what county and pre¬ 
cinct did you vote ? 

Answer. Abraham Haines is my name ; I reside in Pulaski county ; 
I voted for Mr. Anderson in the Juggernaut precinct, No. 10, in Pu¬ 
laski county. 


Cross-examined , 

How long have you resided in the State of Kentucky ? 

Answer. About three years the 15th or 20th of January next. 

How long in Pulaski county ? 

Answer. Between the 10th and 20th of last March ; I landed at 
Waitsborough, at that time, in said county. 

How long did you remain at Waitsborough? and where did you go 
next? 

Answer. I left there about the 15th of April, and went to Wait 7 s 
steam-mill, where I voted. 

Did you remain at Wait 7 s steam-mill, from the time you went there, 
until the August election, all the time ? 

Answer. I did. 

Have you a family ? 

Answer. I have. 

When you made the various moves, about which you have spoken, 
did your family move with you at the same time you went, as before 
stated ? 

Answer. My family went with me when I moved. 

Where did you last reside before you removed to Waitsborough ? 

Answer. In Union county, Kentucky. 

Before your last-mentioned residence, where did you live ? 

Answer. In Wetzel county, Virginia. 

How long did you live in Union county, Kentucky ? 

Answer. Better than two years. 

What did you follow while living in Union county, Kentucky ? 

Answer. I was running an engine most of the time. 

When you moved to Wait's mill, did you go to stay permanently, 
or only for a time, or temporarily ? 

Answer. I went to remain permanently ; I live there now. 

What contract had you with Wait prior to removing to his mill? 

Answer I went there to run by the thousand feet. 

Do you know of any man of foreign birth who voted for Anderson, 
in the last election, for Congress, in this fourth Congressional dis¬ 
trict ? 

Answer. I do not. 

Do you know of any one under twenty-one years of age at the time 
of voting who voted for Anderson in said election ? 


KENTUCKY CONTESTED ELECTION. 


143 


Answer. I do not. 

Do you know of any one who voted for said Anderson, in said elec¬ 
tion, who had not, at the time of voting, resided in Kentucky two 
years, and the last sixty days thereof in the election precinct in 
which such voter voted ? 

Answer. I do not. 

[Mr. Chrisman excepts to the reading of this deposition, because 
he has had no notice that such witness would be examined.] 

By Anderson's attorney. In what precinct, in Pulaski county, is 
Wait's mill? 

Answer. It is in Juggernaut. 

By same. In stating above that you resided in Waitsborough until 
you removed to Wait's mill, do you mean that you resided in Waits- 
bororough, or in the vicinity of Waitsborough and the town, until 
that time ? 

Answer. I lived in Waitsborough and vicinity during the time be¬ 
fore I went to Wait's mill, instead of Waitsborough all the time. 

And further saith not. 

ABRAHAM HAINES. 

Also the deposition of William F. Patterson, taken at the same time 
and place, and for the purpose mentioned in the caption, who, being 
of lawful age, and first duly sworn, says : 

By Anderson's attorney. For whom did you vote at the last August 
election in the race for Congress between Anderson and Chrisman ? 
In what county and precinct? How long had you resided in said 
county and precinct? 

Answer. I voted for W. C. Anderson, in Pulaski county, and at 
Somerset. I held my residence in the above precinct, from the 26th 
day of May last, up to the election. 

By same. From whence did you remove to said county and precinct? 
and how long have you resided in the State of Kentucky. 

Answer. I moved from Russell county, Kentucky, and precinct of 
Jamestown ; was born and raised in the State of Kentucky. 

By same. Had you a family, and did you remove them with you 
from Russell? 

Answer. I had a family, and did remove them with me on the same 
day. 


Cross-examined . 

Did you or not reside on the same tract of land, and within a few 
yards of your father's residence, prior to your removal to Pulaski? 

Answer. I did. 

Were or not you and your father doing business together for years 
prior to said removal? 

Answer. We were. 

Did you or not live and have your household property in a house 
to yourself prior to said removal? 


144 


KENTUCKY CONTESTED ELECTION. 


Answer. I did. 

When you left Russell county, Kentucky, did you take with you to 
Pulaski your household property, or did you close up your dwelling- 
house doors, leaving your said property therein? 

Answer. The same day I left Russell I had one team, and brought 
such of my household as I should need while I boarded with Samuel 
Owens. 

What property did you move on that day, and what did you leave 
in your dwelling-house ? 

Answer. I brought with me some beds, bed clothes, and all the 
wearing clothes for summer use; one bureau, some of my books, 
instruments, Ac. I left some bedding, some books, my cupboard 
ware, and cooking utensils. 

When you started, did you know where you were going to or how 
long you would stay ? 

Answer. About the 1st of May I came to Pulaski with the view of 
selecting a boarding place until I could see further. I made the 
necessary arrangement with Samuel Owens, and returned home, 
gathered together such things as mentioned above, and moved direct 
to Mr. Owens’s. 

When did you remove the things you left, as above stated by you, 
if at all ? 

Answer. I have had brought from Russell, since the election, some 
of my bedding, Ac. 

Does or not much of your said property remain in your said house 
in Russell county? 

Answer. I may have a few books and some cupboard ware; beyond 
this I do not know, unless I have two trunks, worthless. 

Did you or not leave that house with the intention of some day 
returning to it for a residence ? 

Answer. I cannot say that I will ever see it again; I left with no 
purpose of returning to it as a residence. 

Do-you or not now intend or expect that you will at some future 
time return to your said house ? 

Answer. I do not. 

What voting precinct does Mr. Owens, the man with whom you 
boarded, live in? 

Answer. I do not know. 

Did you or not count up the days and leave Russell with a view to 
save your vote, and had you any fixed home in the Somerset precinct 
sixty days before the election ? 

Answer. I was anxious to have my privilege as a voter, and did 
make my calculation as to when I should leave in order to vote in my 
new precinct, and did have my family in said district sixty days prior 
to said election. 

How long did you board at Owens’s? 

Answer. I boarded at Owens’s from the 26th day of May to the 
14th day of June, when I moved my family to Mr. Adams’s hotel, in 
Somersett. 

For what time did you engage boarding with Mr. Owens? 


KENTUCKY CONTESTED ELECTION. 


145 


Answer. I arranged with Mr. Adams for board until after the elec¬ 
tion. I had made rather an indefinite arrangement with Mr. Owens, 
but my purpose was, at that time, to remain in the Somerset district, 
at least for my family, and probably locate finally in a residence of 
my own. 

While boarding at Owens’ and at Adams’ did you or not all the 
time intend to procure for yourself and family a house and residence, 
and move into it and settle ? 

Answer. I came to this district with a fixed purpose of making it 
my home, and while at Owens’ and Adams’ I continued so to think, 
and do now intend, so soon as I can arrange my affairs to suit, to buy 
a place and reside there. Any purpose beyond this I have not. 

Did you or not simply intend to remain in the district in which you 
voted until after you had voted, and did you not then after the elec¬ 
tion intend to make your home somewhere in Pulaski county, at what¬ 
ever point suited you best? 

Answer. I had made up my mind to locate and have my residence 
in the neighborhood of Waitsboro’. I moved into said neighborhood 
in time to comply with the time prescribed by law. I did intend to 
remain there up to the election, and did intend to remain and claim 
Somerset as my place of voting, and do now, and have all the time 
claimed that as my residence, any moving or being out as only tem¬ 
porary. 

Are you or not now keeping house in Pulaski county; if so, in or 
out of the precinct in which you voted ? 

Answer. I do now keep house, and out of the Somerset district— 
at Carneals <fc Co.’s mill—and will be there indefinitely, but do not 
regard that as my permanent residence. 

Did you or not move to said house where you now live when you 
left Adams’ Hotel, in Somerset? 

Answer. I did. 

Have you now any permanent house or settled home ? 

Answer. I now am running Carneals & Co.’s mill; I have my family 
with me temporarily, and suppose I will be there until I can arrango 
to return to the neighborhood above mentioned. 

Are you or not a member of the American party, and voted for 
Anderson and the ticket? 

Answer. I voted for W. C. Anderson and the opposition ticket 
generally. 

Do you know of any person not having the legal qualifications who 
voted for Anderson, to wit: who had not resided two years in Ken¬ 
tucky, and sixty days in the precinct in which he voted, or one year in 
the city, and GO days in the precinct in which he voted, or who was 
of foreign birth? 

Answer. I do not. 

By Anderson’s attorney. Did you, in fact, have any other home, 
from the time you moved from Russell county, in May last, until the 
election, besides Sam. Owens’, and Adams’ Hotel, in Somerset? 

Answer. I did npt. And further saith not. 

W. F. PATTERSON. 


H Mis. Doc. 11-10 


146 


KENTUCKY CONTESTED EJECTION, 


Also the deposition of Geo. W. Owens, taken at the same time and 
place, and for the purpose mentioned in the caption, who being duly 
sworn, and of lawful age, says: 

By Anderson’s attorney. Are you acquainted with Ivory Thompson, 
and do you know for whom he voted at the last August election in the 
race for Congress between Chrisman and Anderson; and do you know 
in what county and precinct he voted? 

Answer. I am acquainted with Ivory Thomson; I know where he 
voted; he voted at the Harrison precinct, Pulaski county; he voted 
for Wm. C. Anderson. 

By same. Do you know, if so, state, in what precinct he resided at 
the time of the election: had he a family; and where were they resi¬ 
ding at the time of said election? 

Answer. He and his family resided at that time in the Harrison 
district; I don’t know how long since he moved there; he moved in 
that district about a year ago last August or fall; he lived there until 
about the last of March, at which time he went to the Gaines district 
to make a crop of corn. 

B}^ same. Do you know where his home was during the time he 
was in the Gaines district, whether it was in the Gaines district, or 
whether he went there merely for a temporary purpose or not? 

Answer. I don’t know where his home was, except from his own 
statements, that is, as to the time he was in the Gaines district. 

By same. Do you know Sam. Pennington? Do you know where he 
voted at last August election, and for whom he voted in the race for 
Congress between Anderson nnd Chrisman? 

Answer. I know Samuel Pennington. 

By same. Do you know where Sam. Pennington resided at last 
August election, and how long he resided there? 

Answer. I was in Wayne county about the last of October, 1858; 
he told me that he was going to move to Virginia; that he had sold 
out all his property, and that he never expected to see deponent 
again, as he was going there to reside. 

By same. Had he any family; and were they then with him? 

Answer. He had his wife with him; I believe she was all the family 
he had. 

By same. State, as nearly as you can, the first time you saw him 
since that time. 

Answer. I believe it was at the September term of the Pulaski 
circuit court for this year. 

[J. S. Chrisman excepts to the examination and reading of the fore¬ 
going deposition of Geo. W. Owens, because he hath had no notice 
that such witness would be examined on this occasion, and not waiving 
such exceptions proceeds to cross-examine witness.] 

Was Ivory Thompson married or single when he first moved into 
the Harrison precinct? 

Answer. He was single. 

When he left the Harrison precinct and moved over into the Gaines 
precinct was he or not still single, with no family? 


KENTUCKY CONTESTED ELECTION. 147 

Answer. I don’t know whether he moved or not; he was a single 
man when he went to the Gaines district. 

How long did he remain in the Gaines precinct, and what did he 
follow while there? 

Answer. I don’t know how long he remained there, nor do I know 
what he followed; I saw him chopping corn at one time. 

Give your best recollection of the length of time he remained in 
the Gaines precinct? 

Answer. I don’t know; he may have staid there two months or 
may be longer. 

When he went back into the Harrison precinct, was he single or 
married ? 

Answer. I think he married before he returned, that is before he 
was finally done work in the Gaines district. He was backwards and 
forwards to the Harrison district nearly every Sunday, and sometimes 
during the week between. 

Had he father or mother residing in the Harrison precinct? 

Answer. I don’t think they do. I think they live in the Gaines 
district. 

Did he own any land in the Harrison precinct? 

Answer. I think not, nor in any other place, nor at any time has 

he. 

When he married, when and where did he first go to housekeeping? 

Answer. In the Harrison district, at Asberry Morrow’s; the mar¬ 
riage was some time before the election. I don’t know at what time 
he went to keeping house. 

Is Ivory Thompson related in any way to Asberry Morrow ? 

Answer. If he is, I don’t know it. 

What political party do you belong to, and for whom did you vote 
at the last August election ? 

Answer. 1 voted the opposition ticket throughout, and for Mr. 
Anderson for Congress, but belong to no party, and expect to vote 
the same way hereafter. 

By Anderson’s attorney: 

Did Ivory TliQmpson raise a crop of any sort in the Harrison 
district last summer at the same time he attended the corn crop in 
Gaines district ? 

Answer. He made a wheat crop in the Harrison district, at As¬ 
berry Marrow’s. 

Where does the said Thompson now reside ? 

Answer. I don’t know. 

And further saith not. 

GEORGE W. OWENS. 

Also the deposition of Kezzia Burton, taken at the same time and 
place, and being of lawful age, and first sworn, states : 

By Anderson’s attorney: 

Are you acquainted with Elijah Burton; and where did he reside 
at the last August election ? 

Answer. I am acquainted with Elijah Burton; I don’t know where 


148 


KENTUCKY CONTESTED ELECTION. 


he was living at that time. He was living in the same county that 
we were living in. He lived in Pulaski county. 

By same. What was the age of Elijah Burton on the 1st day of 
last August ? 

Answer. I don’t know. 

By same. Is he as much as twenty-one years old now ? 

Answer. He may be twenty-one years old next May. He is not 
quite a year older than my oldest son, who is nineteen years of age. 
He may be twenty or twenty-one; I don’t know which. 

Were you present when Elijah Burton was born? 

Answer I was not. 

Do you know what year he was born in ? 

Answer. I do not. 

Do you know what month he was born in ? 

Answer. He was born in May. 

Are his parents living? 

Answer. They are not. 

Have you ever seen any Bible record of his age ? 

Answer. I have not. 

Are you any kin to said Elijah Burton? 

Answer. We are sisters’ children. 

Has said Elijah Burton any older brothers or sisters in this county, 
or uncles or aunts ? 

Answer. He has brothers and sisters, and uncles and aunts older 
than he is in this county. 

Do you know in what year you were born ? 

Answer. I am not scholar enough to know it. 

Do you know in what, year your oldest child was born ? 

Answer. I do not know anything about that. And further saith not. 

KESSIAH BURTON. 

Adjourned until to-morrow morning, half-past eight o’clock. 

D. H. DENTON, P. J. P. C . C. 

Met pursuant to adjournment, Thursday morning, the 24th day of 
November, 1859, and resumed the taking of the depositions. 

The deposition of Pleasant H. Wilson, taken at the place men¬ 
tioned in the caption, on the 24th November, 1859, who being of 
lawful age, and first duly sworn, says: 

By Anderson’s attorney. Are you acquainted with John Davis? 
Do you know in what county and precinct he voted at the last August 
election, and for whom in the race for Congress between Chrisman 
and Anderson ? 

Answer. I am acquainted with John Davis. I did not see him 
vote, but he lives in this district, Somerset, Pulaski county. I do 
not know who he voted for in the race for Congress between Ander¬ 
son and Chrisman. 

By same. Do you know of your own knowledge, or from the state¬ 
ments of John Davis, what his age was at the time of the last August 
election? 


KENTUCKY CONTESTED ELECTION. 149 

Answer. I heard John Davis say in a conversation, which I think 
was before the election, that he was not old enough to vote. 

By same. Whose son is the John Davis of whom you have spoken; 
and is there any other John Davis living in the Somerset district of 
Pulaski county? 

Answer. His father goes by the name of Backster Davis; there is 
another John Davis living in this Somerset district, who is a shoe¬ 
maker and lives in Somerset. 

Cross-examined. 

Did or not the former John Davis, about whom you have spoken, 
say in the same conversation that he would vote for Anderson if he 
voted at all? 

Answer. He did say that if he was old enough he would vote for 
Anderson; that his family was against him in politics. 

What time and place did you hear said conversation ? 

Answer. I think it was a short time before the election; it was at 
Yachery’s grocery, in Somerset; he was drinking a little at the time. 

Can you be certain that John Davis made the statement as you 
have stated, or might it not have been his younger brother only who 
spoke in that way? 

Answer. He was the one that said it. His younger brother stated 
that if he was old enough he would vote for Chrisman. 

Were they or not both drunk and disputing about politics? 

Answer. They were a little intoxicated and talking about the 
election; they were not disputing. 

Do or not the said John Davis’ parents live in the said Somerset 
precinct, Pulaski county, Kentucky? 

Answer. They live about five miles from Somerset; I have under¬ 
stood that it is in this Somerset district. 

Have you ever seen any record of said John Davis’ age, or do you 
know anything about his age ? 

Answer. I know nothing about his age except what I heard him 
say at that time. 

And further saith not. 

P. H, WILSON. 

Also the deposition of M. G. Mize, taken at the same time and 
place as the foregoing, and for the purpose mentioned in the caption: 

By Anderson’s attorney. Are you acquainted with Norris Williams? 
Do you know for whom he voted at the last August election in the 
race for Congress between Anderson and Chrisman, and in what 
county and precinct he voted ? 

Answer. I am acquainted with Norris Williams ; he voted for 
Chrisman at the last August election in the race for Congress. He 
voted in Pulaski county, in the Bent district. 

Bv same. Do you know yourself, or from the statements of Norris 
Williams, in what precinct in Pulaski county he resided at the time 
of the election ? _ 


150 


KENTUCKY CONTESTED ELECTION. 


Answer. He was in the Bent district at the time of the election, 
but he told me that he had no settled home, but lived among his 
children. He said that the Bent district was not his home, nor was 
the Grundy district; that one of his children lived in the Bent, one 
in the Grundy, and one in the Fishing Creek district, and he also said 
that his washing w T as not done in the Bent district or Grundy district. 

What aged man is Norris Williams ? 

Answer. He is about sixty years old. 

Are not his children all grown and have settled homes of their own? 

Answer. His children are all grown and have settled homes. 

Has the old man any wife living ? 

Answer. He has not. 

Was or not the substance of what you heard him say, that he lived 
awhile with one and then awhile with another of his children, and 
had his washing done and kept his clothes wherever he stayed ? 

Answer. He said he did not make any of their houses his home; 
that he had no settled home. 

Did he or not say in substance that he lived with his children, 
with one awhile and awhile with another, and that he had no other 
home only among his children, and that he stayed with them time 
about, and kept his washing where he stayed ? 

Answer. He stated that he stayed about and about, first on Fishing 
creek and in Grundy district and the Bent. 

Who did he say he stayed with on Fishing creek ? 

Answer. He said he stayed with one of his children. 

Did he or not also say that he stayed with one of his children in 
the Bent district. 

Answer. He did not say he did, but I inferred that he meant that. 

By same. Does or not one of his children live in the Bent district ? 

Answer. One of them lives there. 

Has or not the old man heretofore voted in the Bent district ? 

Answer. He has voted there. 

Has the old man any real property ? 

Answer. Not that I know of. 

Has he any personal property except clothes ? 

Answer. Not that I know of. 

Were you or not one of the judges of the election in the Bent dis¬ 
trict, No. 7, last August, and were not all the officers of that election 
legally sworn ? 

Answer. I was one of the judges of the election in that district, 
and all the officers were sworn. 

What are your politics, and for whom did you vote at said August 
election of 1859 ? 

Answer. I voted the American ticket, and agree in principle with 
them. 

Who was the judge of the county court who appointed you, and 
■what his politics ? 

Answer. Judge Denton appointed me. I do not know what his 
politics are. 

For whom did you vote for Congress last August ? 


KENTUCKY CONTESTED ELECTION. 


151 


Answer. I voted for Anderson. 

By Anderson’s attorney. At what time did the conversation occur 
between you and Norris Williams, about which you have spoken 
above ? 

Answer. It was before he voted. He had come up to vote. 

By same. Who were the other officers of the election at the Bent 
district, at last August election, besides yourself, and what were their 
politics ? 

Answer. Willis Stogsdill, Joseph Reynolds, and Greenup Meece. 
They are all democrats, but one of them did not vote all the demo¬ 
cratic ticket. I don’t wish to be understood as saying that Meece is 
a democrat. I don’t know what party he belongs to. I think he 
voted for Fillmore, which is the only American vote he ever gave 
that I know of. 

By same. Were there or not as many or more than two persons 
living in Bent district at last August election who voted the entire 
opposition ticket, and who are known to be opposed to the democratic 
party in principle ? 

Answer. I don’t think there was but one who voted all the oppo¬ 
sition ticket outside of the officers. 

By same. Were there as many as two men in said district, including 
yourself, who voted for Anderson at last August election ? 

Answer. There were two who voted for Anderson at the last August 
election. 

And further saith not. 

M. G. MIZE. 

Also the deposition of David W. Russell, taken at same time and 
place as above, for the purpose mentioned in the caption, who, being 
of lawful age, and first sworn, says : 

By Anderson’s attorney. Are you acquainted with Norris Williams ? 
Do you know for whom he voted at the last August election in the 
race for Congress, and in what county and precinct he voted ? 

Answer. I am acquainted with Norris Williams. I do not know 
who he voted for for Congress. 

By same. Do you know in what county and precinct he was residing 
at the time of the last August election ? 

Answer. His residence was at the poor-house in Pulaski county, in 
the Gaines district. I have been a trustee of said house for several 
years. He has been an inmate of it for some years past. He has 
been there this year. 

By same. Has he been supported at said poor-house during the 
present year, or has any allowance been made by the county court of 
Pulaski county for his support there for the present year ? 

Answer. An allowance was made yesterday for his support at the 
poor-house this year; that is, up to the present time. 

By same. Are you one of the justices of the peace of Pulaski 
county, and were you present at the court of claims when said 
allowance was made ? 

Answer. I am one of the justices referred to, and was present 
when the allowance was made. 


152 


KENTUCKY CONTESTED ELECTION. 


By same. What is about the age of said Norris Williams ; what 
family or children has he, and where are they residing ? 

Answer. I think he is somewhere in seventy. He has a daughter 
living in the Harrison district, a son in the Bent. He has no wife. 
He has not kept home for a great many years, and has been a county 
charge for the last ten or twelve years. 

Cross-examined. 

Is the poor-house for Pulaski county kept at your house; if not, 
how far from you ? 

Answer. It is not at my house. It is about seven miles from my 
residence. 

How often do you generally visit the poor-house in person ? 

Answer. I have been allowed pay for my attendance for five days, 
but I have frequently been there and past there. This is for a year 
past. 

How often have you seen Norris Williams at said poor-house since 
the November court of claims, 1858 ? 

Answer. I have seen him there two or three times. 

When did you last see him at the poor-house prior to the last 
August election ? 

Answer. I cannot say. 

Do you know that he was at the poor-house at all within sixty days 
prior to the last August election ? 

Answer. I do not. 

Have you or not known him to leave the poor-house frequently and 
go and live or stay among his children ? 

Answer. I have known him to do so and return again. 

Is he or not a restless old man, and does he or not divide his time, 
staying a part thereof among his children and part at the poor-house ? 

Answer. He is a restless old man, and does not stay long at the 
poor-house. He claims that as his home. He remains a part of the 
time with his children. 

Do you know John Conner, and is he or not of foreign birth ? 

Answer. I know him, and he claims to be a foreigner. He voted 
for Anderson at the last August election. He presented his naturali¬ 
zation papers at the time he voted. 1 read them and so did the 
judges of the election. 

And further saith not. 

DAYID W. RUSSELL. 

Also the deposition of Lemuel Mounce, taken at the same time and 
place, and for the purpose mentioned in the caption to the first 
deposition. 

Witness being of lawful age, and first duly sworn, says: 

By Anderson’s attorney. Are you acquainted with Abraham Mounce; 
and in what county and precinct did he reside at the time of last 
August election ? 

Answer. I am acquainted with Abraham Mounce. He is my 


KENTUCKY CONTESTED ELECTION. 153 

sister’s child. He lived in Pulaski county and Juggernaut precinct 
at the last August election. 

By same. Do you know what Abraham Mounce’s age is? and if so, 
state how old he is. 

Answer. I know by my marriage. He was born Christmas after 
we were married. We were married in the spring. He will be 
twenty-one next Christmas. 

By same. In what year and month were you married ? 

Answer. We were married in wheat harvest; I can’t count it up. 

By same. To whom were you married in the time of wheat harvest, 
preceding the Christmas at which Abraham Mounce was born? 

Answer. I was married to Vina Barnes. 

By same. Have you been married at any other time besides the 
time you married Vina Barnes? 

Answer. I have been married twice besides that. 

[James S. Chrisman excepts to the foregoing deposition of Lemuel 
Mounce, because he has had no notice that such witness would be ex¬ 
amined, and not waiving such objection proceeds to cross-examine.] 

You have stated that you were married in the spring, and that 
Abraham Mounce was born the next Christmas; please state what 
time in the spring you were married, and what day of Christmas 
Abraham Mounce was born. 

Answer. I was married in wheat harvest, and Abraham Mounce 
was born the 25th day of December next following. 

What time did wheat harvest come the year you were married? 

Answer. It was at the usual month that wheat harvest comes. 

Does wheat harvest generally come in the spring or summer ? 

Answer. It comes in the summer. 

Were you present when Abraham Mounce was born? 

Answer. I don’t know that I was there at the time, but directly 
afterwards. 

Does his mother reside in Pulaski county? 

Answer. She does. 

What year was Abraham Mounce born in ? 

Answer. I can’t tell what year it was, but he was born as I have 
stated. 

What year were you married in; either the first, second, or third? 

Answer. I can’t tell the year of either marriage. 

What year is this since the Christian era? 

Answer. I can’t tell you; I can’t read. 

How many children have you ? 

Answer. I have twelve. 

When was your eldest child born ? 

Answer. She will be twenty-one next May. 

Have you any record of her age ? 

Answer. It was put down in the Bible, but it can’t be read at this 
time. 

How then do you know her age ? 

Answer. I know by my marriage. 

How many years have you been married ? 


154 


KENTUCKY CONTESTED ELECTION. 


Answer. I have been married twenty-one years last or next wheat 
harvest; I don’t know which. 

Then do you know whether your eldest child will be twenty-one 
next May, or was twenty-one last May ? 

Answer. It is next May. 

For whom did you vote last August for Congress? 

Answer. I voted the democratic ticket throughout. 

What precinct did you vote in ? 

Answer. At the Juggernaut. 

And further saith not. 

LEMUEL MOUNCE. 

Also the deposition of Thos. P. Minks, taken at the same time and 
place, for the purpose mentioned in the caption. He being of law¬ 
ful age, and first sworn, states: 

By Anderson’s attorney. Are you acquainted with Willis Watkins; 
do you know for whom he voted at the last August election for Con¬ 
gress, and in what county and precinct he voted ? 

Answer. I am somewhat acquainted with Willis Watkins. I don’t 
know who he voted for. He voted in Pulaski county, and in the 
Gaines district. 

By same. Were you present when he voted, or do you merely 
know that he was in the Gaines district during the day of the election? 

Answer. He was at the voting place in the Gaines precinct at the 
election in August, and I only know that he voted by hearing him or 
others say he had voted. 

By same. In what precinct in Pulaski county had Willis Watkins 
been living for the last sixty days before the last August election ? 

Answer. He had been living in the Gaines district upwards of sixty 
days before the August election. 

By same. When did he come to the Gaines district, and for what 
purpose did he come, and where did he come from ? 

Answer. I can’t tell the day, but it seems to me it was in March 
last; he came to our house ; there was an Indian doctor there, and he 
came there to be doctored. 

By same. When did he come from your house ? 

Answer. I don’t know. 

By same. Did he intend staying at your house any longer than 
whilst he was under the treatment of the Indian doctor, and did he 
make any arrangement for staying there any longer than whilst he 
was under such treatment ? 

Answer. I don’t know about that; he is a tailor by trade ; he got 
some work to do while he was there. 

By same. Did he or not leave your house and go to David Massey’s, 
in the Harrison district, some time before the August election ; if so, 
how long before the election, and how long did he stay away from 
your house, and how long before the election did he return to vour 
house? 

Answer. He went there and remained awhile, though he had a part 


KENTUCKY CONTESTED ELECTION 


155 


of his washing at father’s while gone ; I can’t tell how long he was 
gone; he came back to my father’s either the night before the elec¬ 
tion or a day or two before, I can’t tell which. 

By same. You have said he had his washing, or a part of his wash¬ 
ing, at your father’s whilst he was absent at Massey’s ; where did he 
have the balance of his washing during that time ? 

Answer. I suppose if he had any other clothes washed he had them 
washed at Massey’s ; I don’t know that he had any done there. 

By same. When did he leave your father’s house, and when did he 
take his clothing away from there ? 

Answer. To make a guess at it, it was about a week afterwards. 

By same. Did you ever hear Willis Watkins say, during the time 
he was at your father’s house, where he claimed his home, or how 
long he was going to stay at your father’s house? 

Answer. If I did I do not now recollect. 

By same. Did Willis Watkins ever live in Gaines district either be¬ 
fore the time he was at your father’s house or since? 

Answer. I don’t know that he ever did that I know of. 

By same. When he was absent from your father’s house at David 
Massey’s, was he absent as much as one, two, three, four, or five 
weeks ? 

Answer. I judge it was two weeks or more ; I can’t tell how long 
it was. 

By same. In what district is David Massey’s, and where has Wat¬ 
kins been living since he left your father’s house ? 

Answer. David Massey’s is in the Harrison district; I suppose he 
has been living at Massey’s a part or all the time for all that 1 know. 

Cross - examined. 

By Chrisman. Has Mr. Watkins any landed possessions or family ? 

Answer. He has no wife or family with him. 

By same. Do you know of any land, house, or property that he owns 
in Pulaski county ? 

Answer. I do not. 

By same. Is he or not by trade a tailor ? 

Answer. He is. 

By same. Has he or not resided in Pulaski county for many years? 

Answer. I never saw him until he came to my father s last spring. 

By same. Do you know of any reason why Mr. Watkins left your 
father’s and went to Massey’s before the election when he did ; and 
if you do, give the reason ? . . 

Answer. My mother was expecting to be confined, and desired him 
to leave until she got well. 

By same. When she had been delivered, did she or not send Mr. 
Watkins word that he might return home again to your father’s? 

Answer. She did send such word by me. 

By same. How long after Mr. Watkins left your father s until your 

mother was delivered ? 

Answer. I think it was the same day. 

By same Was or not Mr. Watkins’ return to your father’s house 


156 


KENTUCKY CONTESTED ELECTION. 


delayed by a relapse which kept your mother in bed longer than 
usual ? 

Answer. I think it was ; he did not come at the time I told him. 

By same. When he left, was it or not his avowed intention to return 
when your mother recovered ? 

Answer. I never heard him say anything about it. 

By same. Did he or not leave his clothes at your father’s, and have 
all his washing done there as far as you know during his stay at Mas¬ 
sey’s before the election ? 

Answer. I know but little of it of my own knowledge ; I saw a part 
of his clothes at father’s. 

By same. Was or not Massey the son-in-law of your father ? 

Answer. He is. 

By same. Did or not Mr. Watkins say at the time he went to Mas¬ 
sey’s he did not intend to move his washing from your father’s ? 

Answer. I heard him say that he wanted or intended to keep his 
washing there until after the election. 

By same. Did or not your mother make the arrangement for him to 
go to Massey’s and stay until she was sick and recovered ? 

Answer. I heard Mr. Watkins say so. 

By same. What is your age, and are not your parents both living 
in Pulaski county, Kentucky? 

Answer. I was twenty-four years old last October ; my parents both 
live in Pulaski county. 

By same. Are not Willis Watkins and David Massey, to whose 
house Mr. Watkins went before the election, both now present and 
hearing your testimony ? 

Answer. They are. And further deponent saith not. 

THOMAS P. MINKS. 

Also the deposition of Benj. Compton, taken at the same time and 
place, and for the purpose stated in the caption, who being first sworn, 
states : 

By Mr. Anderson’s attorney. Are you acquainted with Thomas 
Langdon, and how long have you known him ; do you know for whom 
he voted at the last August election in the race for Congress, and in 
what county and precinct ? 

Answer. I am acquainted with Thomas Langdon ; he lives in my 
district; I have known him five or six years ; he voted for James S. 
Chrisman ; he voted in the Price precinct in Pulaski county. 

By same. At the time of the August election, and for some time 
before, what was his capacity as to intelligence and sense, and capa¬ 
city to attend to ordinary business? 

Answer. He is generally considered an idiot or a very foolish per¬ 
son ; he has not got capacity sufficient to vote ; they have to give him 
a ticket; I could not call him a plumb idiot; his capacity is only mod¬ 
erate ; he works some, and always has some one to manage him. 

By same. Has he capacity sufficient to attend work or business in 
such a way as to make his own living ? 

Answer. I would say not. 

By same. Are you acquainted with Frank. Bishop ? For whom did 


KENTUCKY CONTESTED ELECTION. 157 

he vote at the last August election for Congress, and in what county 
or precinct did he vote ? 

Answer. I am acquainted with Frank. Bishop ; he lives in my dis¬ 
trict ; he voted for Chrisman for Congress ; he voted in Price pre¬ 
cinct, Pulaski county ; I have known him five or six years. 

By same. What is his capacity as to sense and ability to attend to 
his own business, and what was it at the time of the last August 
election ? 

Answer. He is not capable of doing hardly any business of any 
note, and was so at the last August election ; he knocks about on the 
farm ; he has hardly any capacity ; his father sees to him. 

By same. Are you acquainted with Wm. Stewart, sr.? How long 
have you known him ? For whom did he vote at the last August elec¬ 
tion for Congress, and in what county and precinct ? 

Answer. I am acquainted with Wm. Stewart, sr.; I have known 
him for eight years ; he voted for Chrisman for Congress ; he voted in 
the Price precinct, Pulaski county. 

By same. What was his capacity at the time of the last August 
election for sense and ability to attend to ordinary business, and for 
some time before said election. 

Answer. He is a man of hardly any capacity at all ; he knocks about 
on the farm a little, but has to have some one to manage for him ; 
this has been his condition as long as I have known him, and up to 
this time ; he has a trustee or agent appointed by the court to attend 
to his business. 

By same. Are you acquainted with Wm M. Smith ? For whom did 
he vote at the last August election in the race for Congress, and in 
what county and precinct? 

Answer I am acquainted with Wm. M. Smith ; he voted for W. 
C. Anderson for Congress ; he voted at the Glade precinct, Pulaski 
county. 

By same. Where did he reside at the time of said election, and 
where had he been residing for two years previous to said election? 

Answer. He had been living about nine months in the Glade pre¬ 
cinct before and up to the August election, and is still living there ; 
he had been living in Casey previous to coming to Pulaski county ; he 
has been living in this State more than two years before the August 
election ; he has no family. 

By same. What is his age ? 

Answer. He is, as I believe, between fifty and sixty years old. 

By same. Has he a family of his own or house to live in ; if not, 
with whom has he generally made his residence ; and if you heard 
him say anything about his residence prior to the last August election, 
what was it. . . 

Answer. He has no wife or house of his own to live in ; he has 
generally lived with his son, John Smith, more than any other since 
his wife’s deatli ; I heard him frequently say before the May elec¬ 
tion, and after that up to the August election, that he claimed the 
Glade precinct as his residence ; he said where his clothes were he 
considered it as his home ; his son John lives in the Glade precinct. 


158 


KENTUCKY CONTESTED ELECTION. 


By same. Are you acquainted with Samuel Yier, and where does he 
reside, and where at the time of the last August election ? 

Answer. I am well acquainted with Samuel Yier ; I understood from 
him last spring at the time he was moving that he was going to Adair 
county to reside. 

By same. Where did he move from to Adair county ? 

Answer. He told me about two years ago this coming Christmas or 
winter that he was going to Indiana to live ; he moved back to Pulaski 
county after having been gone about one year ; he lived in the Glade 
precinct about two or three months after his return ; he has a wife and 
family ; he moved back to Pulaski from Indiana last winter or spring. 

By same. Did he take his family to Indiana with him ? 

Answer. He did. 

Adjourned till to-morrow morning, the 25th, at half-past eight o’clock. 

D. H. DENTON, P. J. P. G. C. 

Besumed the taking of Benjamin Compton’s deposition November 
25, at nine o’clock a. m. 

By Anderson’s attorney. Are you acquainted with Wm. Mounce, sr., 
and Win. Mounce, jr , for whom did they vote at the last August 
election in the race for Congress between Chrisman and Anderson, 
and in what county or precinct ? 

Answer. I am acquainted with William Mounce, sr., and William 
Mounce, jr.; they both voted for Anderson at the last August election, 
in Pulaski county and the Glades precinct. 

By same. Were they residing in said county and precinct at the 
time of the last August election; if so, how long had they been residing 
there ? 

Answer. They were residing in Pulaski county and the Glades 
precinct at the last August election, and had been living in said 
county and precinct for the last three or four years ; I live in an ad¬ 
joining district. 

By same. Were there any other persons residing in said county and 
precinct by the name of William Mounce besides the two above 
spoken of? 

Answer. No others by that name in that precinct. 

By same. Are they or either of them married men, and were they or 
either of them keeping house in the said precinct on and before the 
last August election? 

Answer. They are both married men ; the old man keeps house and 
the young man lives with him ; and the old man was keeping house 
in the Glade precinct before the election, and his son was living with 
him, where he now lives. 


Cross- examined. 

Has Thomas Langdon, about whom you have spoken, any family? 
Answer. I think not; I am not certain, though I am well acquainted 
with him. 


KENTUCKY CONTESTED ELECTION. 


159 


Does he live to himself; if not, with whom does he live? 

Answer. I think he lives with his brother. 

Has he any property ; if so, what sort and how much ? 

Answer. He has none that I know of. 

Is he a State charge under the statute of Kentucky for the sup¬ 
port of idiots ? 

Answer Not that I know of. 

How does he obtain his support? 

Answer. I think he lives with his brother, and makes that his 
home ; his brother has a farm on Pitman creek ; he does not work 
much, but what he does I think is on his brother’s farm. 

Does he travel over the neighborhood alone ? 

Answer I don’t know that he does ; I never saw him travelling 
about by himself. 

Did you ever see him travelling about with any one? 

Answer. I don’t think I ever did. 

How far do you live from him ? 

Answer. Some five or six miles, probably six. 

You have stated that he has to be managed by others ; did you 
ever know any one to make a trade for him, or to manage him in 
anything ; if you did, what trade or management was it, and who the 
person ? 

Answer. I do not know of any one making any trades for him. I 
do not know of any one managing any particular transaction for him. 

You have stated that they have to give him a ticket to vote by; did 
not most of the voters last August vote by printed tickets? 

Answer. The most of the voters voted by ticket. 

Could you have voted for all the candidates of your choice without 
a ticket last August? 

Answer. I could. 

Please give their names now. 

Answer. Bell for governor, Haggard, Harlan, Anderson, Clauch, 
and Page. At the time of the election I knew them well, but at this 
time I cannot tell them all any more than I have stated. 

Did you see Mr. Langdon vote ? 

Answer. I did not exactly see him vote; I saw him about the time 
he voted. I heard the sheriff cry his vote. 

Can you say, then, that any one gave him a ticket te vote by? 

Answer. I can; I saw some one give him a ticket. 

Were not all or nearly all the voters on both sides furnished with 
tickets in the same way ? 

Answer. They were. 

Did you or any other person object to his voting upon the grounds 
of his want of capacity, or on any grounds? 

Answer. I heard none. 

Was he or not well known to all the election officers? 

Answer. I reckon not. I could not say that he was acquainted 
with any of them. 

What do you suppose his age to be ? 

Answer. About thirty-five or forty years old. 


160 


KENTUCKY CONTESTED ELECTION. 


Did said Langdon vote at the election when you ran for justice of 
the peace; and if so, for whom ? 

Answer. I don’t know that he voted. 

How far do you live from Frank. Bishop ? 

Answer. About six miles. 

How often do you see him ? 

Answer. I see him every week or two. I see him every time I 
come or go to Somerset. 

How does he obtain his living ? 

Answer. He lives with his father ; has no family, no property. 
His father has property. 

Does he or not go to town and through the neighborhood alone? 

Answer. I never saw him going anywhere. 

Did you ever talk with Frank. Bishop on any subject; if so, on 
what subject? 

Answer. I never did, and only spoke to him when passing. 

Did you ever hear any other person talk with him on any subject? 

Answer. I did not. I don’t think he talks much. 

Did you, then, learn his want of capacity by phrenology, physiog¬ 
nomy, or report, or by guess, or in what way ? 

Answer. I know from his acts and his appearance and looks that 
he is foolish. 

Have you witnessed any business transaction with him ; if so, what 
transaction ? 

Answer. I never knew of any transaction of his. He never trades 
any. 

From what acts, then, do you judge him to be foolish ? 

Answer. By his appearance. I have heard him talk some. 

Who did you hear him talk to, and on what subject? 

Answer. I never heard him talk with any one in particular. I was 
passing his house and heard him try to stop a horse, and he hallowed 
wo and way. 

Was the horse in the plough and he at the handles? 

Answer. The horse was in the plough. He was standing a short 
distance from him, but could not stop him. 

Did the horse run away ? 

Answer. He did not; but his father stopped him. 

How did his father stop him ? 

Answer. He hallowed wo, and he stopped. 

You have stated that Wm. Stewart, sr., has a guardian appointed 
by the court to attend to his business; do you know that to be true, 
or is it hearsay only ? 

Answer. I only know it from hearsay. 

How far do you live from said Stewart ? 

Answer. About two miles and a half. 

Is he or not an old man with a family which he has raised? 

Answer. He has a wife, but no children. 

Has he or not owned a farm for many years, which he has lived on 
and worked? 

Answer. Yes; he has a farm that he has lived on ever since I 


KENTUCKY CONTESTED ELECTION. 161 

knew him. I don’t think he does much himself, but it has been done 
by his wife. 

Has he or not carried on farming ever since you have known him ? 

Answer. I can’t say that he carries it on himself. 

How do you know that his wife manages and carries on the farm? 

Answer. I have been there frequently, and heard her giving orders 
and directions about work. 

How did you vote in the last race, and to what political party did 
you belong ? 

Answer. I voted for Anderson for Congress, and belong to the 
opposition party. 

Hoes or not William M. Smith, about whom you have deposed, own 
real property in Casey county ? 

Answer. He told me that he had a tract of land there, and after 
the death of his wife it was divided between his children, and he was 
going to live with his children; and where his clothes were he made 
it his home. 

Does or not some of his children live on the land, and did live there 
at the last August election ? 

Answer. I suppose they did. I think Henry lives on the home 
place, where the old man used to live. 

Does or not some child of his reside in Adair county? 

Answer. He has a child there, as I understood from his father. 

By same. Do you know that Samuel Yier ever moved to Indiana; 
and if so, how do you know the fact ? 

Answer. He told me so last spring at the time he was moving. 

You can’t say that Mr. Yier ever reached the State of Indiana, 
except from hearsay, can you ? 

Answer. He told me before he left that he was going, and after his 
return that he had been there. He said the reason he left there was 
that he did not like the country, and, further, on account of his bad 
health. 

State all you know about the residence of William Mounce, jr., who 
voted in Glades precinct, and where he has lived since you have 
known him, and where he is now ? 

Answer. William Mounce, jr., has been living in the Glades dis¬ 
trict some three years. He has been living with his father and 
making that his home during that time. He was married last winter 
or spring, and has continued to reside in that district up to this time. 
He went to Boyle and Lincoln counties on a visit, and remained there 
near two weeks and then returned. They took no clothes with them 
but those that they wore. 

About the time he started on said visit, was there or not a bench 
warrant in the hand of some officer of Pulaski county for the arrest 
of his person ? 

[Question overruled by the judge.] 

Where is William M. Smith, of whom you have spoken at this time, 
and where his residence ? 

Answer. I don’t know where he is ; he left the county the last of 
H. Mis. Doc. 11-'11 


162 


KENTUCKY CONTESTED ELECTION. 


August or first of September. I do not know for what purpose he 
left. 

Do you know of any idiot or idiots who voted for Mr. Anderson in 
the last race for Congress ? 

Answer. I do not. 

Do you know of any person not legally qualified that voted for Mr. 
Anderson in the late race for Congress ? 

Answer. I do not. 

[Chrisman excepts to the reading of this deposition concerning 
Frank Bishop, Thomas Landon, and William Stewart, sr., because 
the response of Mr. Anderson to his notice does not embrace or 
challenge them in any way.] 

And further this deponent saith not. 

BENJAMIN COMPTON. 

Also the deposition of Stephen Burton, taken at the same time and 
place as the foregoing, and for the purpose mentioned in the caption. 

Witness being of lawful age, and first duly sworn, says : 

By Anderson’s attorney. Are you acquainted with Elijah Burton. 
Do you know for whom he voted at the last August election in the 
race for Congress, and in what county and precinct ? 

Answer. I am acquainted with Elijah Burton. I don’t know, of my 
own knowledge, for whom he voted. He voted in Pulaski county, and 
in the Gaines precinct, where he lives. 

By same. Where was Elijah Burton residing at the time of the last 
August election, and was there any other Elijah Burton residing there ? 

Answer. He resided in Pulaski county and Gaines district. I 
reckon there is no other person by that name in that district. I do 
not know any other. 

By same. What was the age of Elijah Burton at the time of the 
last August election ? 

Answer. I can’t tell exactly, only from the age of a daughter of 
mine. She was nineteen about the 19th or 20th of last August. He 
is between six and eight months older than my daughter, not exceed¬ 
ing eight. 

By same. Are you related to Elijah Burton ; if so, what relation 
are you to him ? 

Answer. He is a son of my sister. 

By same. Are you acquainted with William Burton; if so, do you 
know for whom he voted at the last August election in the race for 
Congress, and in what county and precinct ? 

Answer. I have a son of that name. His name is William A. 
Burton. There are several William Burtons in this county. My son 
voted in Pulaski county, Gaines district, and for Chrisman for Con¬ 
gress. My son told me so frequently. 

By same. In what precinct was his home and residence at the time 
of the last August election ? 

Answer. He made a crop in the Gaines district, but kept his wash¬ 
ing at my house, in the Harrison district. 


KENTUCKY CONTESTED ELECTION. 


1G3 


By same. Is he a married or single man, and had he any house of 
his own at the time of the last August election besides your house? 

Answer. He is a single man ; he has no home but mine, except 
when he works ; he keeps his washing and mending at my house. 

Question. When he would get through his work at any particular 
place and he out of employment, where did he go to for a home till he 
again got work ? 

Answer. He generally came to my house to stay. 

Cross-examined. 


Question. What near relations has Elijah Burton in Pulaski county, 
nearer than yourself? 

Answer. He has brothers and sisters older than himself residing in 
the Gaines district. 

Question. In what year was your daughter horn, of whom you have 
spoken ? 

Answer. She was born about 1840, wasn’t she ? 

Question. Have you a record of her age? 

Answer. I did have, hut about a month ago it was torn out by 
some of the children or some one else. 

Question. How far did you live from where Elijah Burton was horn 
at the time of his birth ? 

Answer. About a mile and a half. 

Question. In what year and month was Elijah Burton horn, as well 
as you recollect? 

Answer. He must have been born in 1840 ; I don’t recollect the 


month. 

Question. Was he horn in the spring, summer, autumn, or winter ? 

Answer. I don’t recollect what time it was. 

Question. How many William Burtons were there living in Pulaski 
county at the last August election ? 

Answer. I recollect three; I reckon that’s about the number. 

Question. At whose house did your son stay while making his crop 
last summer ? 

Answer. He staid at Gillmore Muse’s. 

Question. What time did he go to Muse’s, and when did he leave 
tliGre ? 

Answer. He went there about March, as I suppose ; he left there 


from the first to the middle of July. 

Question. What was the nature of his contract with Muse, if you 

know ? 

Answer. He was to have part of the corn made on the farm. 
Question. Did he or not remain at Muse’s much of his time until 
the corn was matured and gathered ? 

Answer. He did not; he left as soon as the corn was laid by; he 
hired to Hudson to work after that; he sold out his interest in the 
corn, and had no hand in gathering it. 

Question. In what voting precinct did Hudson, to whom he next 
hired himself, live? 

Answer. In the Somerset district. 


164 


KENTUCKY CONTESTED ELECTION. 


Question. When did he go to Hudson's to live? 

Answer. I reckon it was in July ; I think it was before the election. 

Question. How many William Burtons resided in the Gaines pre¬ 
cinct, Pulaski county, at and prior to the last August election ? 

Answer. I do not recollect more than three; two besides my son. 

And further saith not. 

STEPHEN BURTON. 

Also the deposition of Wm. F. Dobbs, taken at the same time and 
place, and for the purpose mentioned in the caption, who being of 
lawful age, and first duly sworn, says: 

By Anderson’s attorney. Are you acquainted with Wesley Neal; 
do you know for whom he voted at the last August election in the 
race for Congress, and in what county and precinct? 

Answer. I am acquainted with Wesley Neal; I don’t know myself 
whom he voted for ; he voted in the fourth district, which is generally 
known as the Buncombe district. 

By same. Do you know yourself, or from his statements, where his 
residence was at and before the last August election ? 

Answer. He was in Missouri; and in May last, I think it was, he 
came back here, and after the August election he said he was going 
hack ; he has gone from this county ; I think he left about the first 
of October ; he told me the day after he returned here in the spring 
that he should not have done so if his mother had not written to him 
that she was about to starve, and that the family were sick ; he said 
he dropped everything and started back the next day after he received 
the letter ; he also said he came back in consequence of having received 
that letter. 

By same. Do you know how long it is since he first went to Missouri ? 

Answer. He went there some five or six months before his return 
Irere in the spring. 


Cross-examined. 

Question. Where was Wesley Neal raised ? 

Answer. In Virginia, I think. 

Question. What time did he come to Pulaski county ? 

Answer. I suppose it has been about eight or ten years since he 
came here with his parents. 

Question. Has or not his parents resided here ever since, and he 
also, until he went to Missouri, as you have stated? 

Answer. His parents have, and I think he has the most of the 
time until he went to Missouri; I believe he was absent from here 
some two or three times—a short time on business. 

Question. Was he or not a young man and single when he left, 
and also when he returned from Missouri ? 

Answer. I suppose so. 

Question. Do you know what he went to Missouri for the first 
trip? 

Answer. I do not. 


KENTUCKY CONTESTED ELECTION. 165 

Question. Do you know with what intention he left home, whether 
of returning or not to his parents? 

Answer. I do not know only as I have stated above—from what he 
told me. 

Question. Did he ever tell you that he left home the first time he 
went to Missouri either with or without the intention of returning? 

Answer. No, sir ; he told me last spring, after he returned from 
Missouri, that he should return to Missouri to make it his home. 

Question. What were your politics, and for whom did you vote 
last August for Congress ? 

Answer. I voted for Anderson for Congress, and for the opposition 
ticket generally. 

And further saith not. 

WM. F. DOBBS. 

Also the deposition of Nathan Buchanan, taken at the same time 
and place, and for the purpose stated in the caption, who, being first 
sworn, states: 

By Anderson’s attorney. Are you acquainted with Otho Daugherty; 
do you know for whom he voted in the race for Congress at last 
August election, and in what county and precinct? 

Answer. I have hut little acquaintance with him ; I did not hear 
him vote ; I saw him in Pulaski county, and at the Gaines precinct 
No. 2, on the day of the election. 

By same. Was there any other Otho Daugherty living in or at said 
precinct at last August election ? 

Answer. Not that I have any knowledge of. 

By same. Are you well acquainted in said district, and how long 
was said Otho Daugherty in the same before the last August election ? 

Answer. I am well acquainted in said district. The first time I 
ever saw him in the district was sometime in July last. 

By same. How long did he remain in said district from the time 
you first saw him there, and do you know where he went to ? 

Answer. He left the district, I suppose, shortly after the election. 
I do not know where he has gone to. I have not seen him in the 
district since the election. 

By same. Had he an) 7 land or other property in the district at any 
time that you know of, or any settled home there, and where did he 
stay whilst in the district before the election ? 

Answer. He had no land or other property or settled home in the 
district that I know of. I don’t know where he staid before the 
election. I never knew until July before the election that there was 
such a man. 

By same. How long have you resided in Pulaski county, and how 
long in Gaines district ? 

Answer. I have been in Pulaski county about thirteen years, and 
eleven or twelve years in the Gaines district. 

By same. Do you know W. B. Cowan. Do you know in what 
county and precinct he voted at last August election, and for whom, 
in the race for Congress ? 


166 


KENTUCKY CONTESTED ELECTION. 


Answer. I know W. B. Cowan. He voted in Pulaski county and 
in the Gaines precinct. He voted for Mr. Chrisman for Congress. 

By same. Had he been residing out of that precinct, county, or 
State before the last August election; if so, how long had he been 
residing out of the same ? 

Answer. He had been out of the State, I suppose. I saw him 
start, as he said, out of the county for Indiana. He left last winter 
a year ago, or the first of the spring following. I was with him the 
night before he left. I think he was gone some four, five, or six 
months. I don’t recollect the time, but suppose more than four 
months. He said after he came back that he had been to Indiana. 

By same. Did he say anything to you after his return about having 
voted in Indiana; if so, what was it ? 

Answer. He stated to me that while he was in Indiana he voted in 
that State. 

By same. Do you know how long it was before the last August 
election since he had gotten back from Indiana ? 

Answer. I don’t recollect exactly when he returned. I think it 
was in the fall season, maybe. 

By same. Where had he made his home since his return up to the 
last August election ? 

Answer. He made a crop in Wayne county this last spring and 
summer. 

By same. Do you know Tyre Turpin, and for whom he voted at the 
last August election for Congress, and in what county and precinct ? 

Answer. I know Tyre Turpin. I did not hear him vote. He 
was in Pulaski county and Gaines precinct on the day of the elec¬ 
tion. 

By same. Do you know anything about his having, at any time 
prior to last August election, left the State of Kentucky; and do you 
know whether, when he left, he had the intention of returning ? 

Answer. He left the State, or said he was going to leave it. He 
was gone something near two years, I think, or may be longer. I 
was with him before he left. He said he was going to Indiana. He 
left some land to his mother and sister in the Gaines district, in this 
county. I understood the land above mentioned was his. He was 
living on it before he left, and is living on it now. He claims the 
land as his own. 

By same. Were there any such men living in Pulaski county and 
Gaines district at last August election as W. Boulton and Levi Hollen ? 

Answer. I never heard of such names in the county or the Gaines 
precinct. 

By same. Have you been a candidate for constable in Gaines 
precinct, in Pulaski county; if so, when and how often, and are you 
not well acquainted with the voters in said precinct ? 

Answer. I have been a candidate three times. I was elected in 
1855, was a candidate in 1857, and in May, 1859. I thought I was 
well acquainted with the voters. 

By same. Do you know Squire Schoolcraft. Do you know for whom 
he voted at last August election for Congress, and for whom in the 
race for Congress ? 


KENTUCKY CONTESTED ELECTION. 167 

Answer. I have seen him a few times. I do not know for whom he 
voted, or where he voted. 

Do you know in what county or precinct he was residing at the 
time of the last August election ? 

Answer. I don’t know that I do. When I knew him he lived in 
the Harrison district. If he was living at that time in the Gaines 
district I never knew it. 

Examine the poll-pook for Gaines district, and see if Squire School¬ 
craft’ s name is there recorded as a voter, and who for for Congress, at 
the last August election ? 

Answer. I see it recorded there for Chrisman. 

Are you acquainted with J. B. Dalton; do you know anything of 
his having removed from Kentucky; if so, when and where did he 
return ? 

Answer. I don’t know a man who writes his name J. B. Dalton in 
this district. I know a man who goes by the name of Bant or Ban- 
ton Dalton, a son of Wm. Dalton. 

Do you know anything of the person who goes by the name of 
Bant or Banton Dalton, who removed from Kentucky; if so, when 
and where did he return, and with whom did he go? 

Answer. I know a man by that name, who removed from Kentucky 
with his father. He was gone about one year. He got back some¬ 
time last fall. He returned with his father. 

Cross-examined. 

Do you know where Otho Daugherty ever lived at any time during 
his life ? 

Answer. I do not. 

Did you ever see him during your life elsewhere, except in the 
Gaines precinct? 

Answer. I never did. 

Where was Wm. B. Cowan raised? 

Answer. He has been in the Gaines district ever since I knew him. 

Does or not his mother live in said district, and has for many 
years? 

Answer. She has ever since I knew her. 

What is his probable age, and is he a man of family ? 

Answer. I suppose he is about twenty-one years old, and is a 

single man. . 

Has or not his home always been at his mother’s while in this 

county? 

Answer. He has statd a part of the time at Ins mother s, and a 
part of the time in Wayne county. I don’t know where he con¬ 
siders his home. 

If he went to Indiana, and returned as you suppose, from what he 
told you, is it or not your opinion, from knowing him from boyhood, 
that he was not as much as twenty-one years old while in Indiana? 

Answer. I could not state about that. I am satisfied from his 


168 


KENTUCKY CONTESTED ELECTION. 


conduct, and from my being a candidate, that he had not voted before 
he left for Indiana, on account of being under age. 

Do you know what he went to Indiana for ? 

Answer. I do not. He said he was going there to work awhile. 

Did he or not say that when he went and worked awhile he was 
coming back? 

Answer. I think that was his talk. He did not speak of remaining. 

Can you say that said Cowin had not been back from Indiana as 
much as a year before the last August election? 

Answer. I don’t think he had. 

State what time he got back, as nearly as you can ? 

Answer. I think he got back in the fall, I think. 

Did or not Tyre Turpin’s mother live on the land which was 
claimed by said Tyre when he left Kentucky, as you have stated? 

Answer. That was my understanding. 

Were there any such persons as W. Bolton and Levi Hollen living 
in Pulaski county at or before or since the last August election ? 

Answer. I never knew any such. 

Look on the commissioner’s book for Pulaski county for the present 
year, 1859, and state whether you do or not find the name of Wal¬ 
ter Bolton on said book, in the same end of said city in which the 
Caines precinct lies? 

Answer. I have examined the commissioner’s book for a part of 
Pulaski county, and see the name of Walter Bolton on it. I see also 
that there are various names of persons living in the Caines district, 
and the names of some who live in a far-off part of the county. I 
also see that the name of Nathaniel Bevy preceding, and Elijah 
Benton following, the name of Bolton. They both live in the Caines 
district. 

In answer to a verbal interrogatory of Anderson’s attorney, I see 
by the commissioner’s book that the name is Walter Bolton; and on 
the poll-book for the Gaines district, at the last August election, it 
is W. Boulton, and he is recorded as having voted for Chrisman. 

And further saith not. 

NATHAN BUCHANAN. 

[J. S. Chrisman excepts to the reading of the foregoing deposi¬ 
tion of Nathan Buchanan, as to Schoolcraft, W. B. Cowan, W. Boulton, 
Livi Hollen, and Bant Dalton, because Mr. Anderson’s response con¬ 
tains no notice that such votes would be challenged.] 

Also the deposition of Horace Withers, taken at the same time and 
place as the foregoing, and for the purpose mentioned in the caption. 

Witness being of lawful age, and first duly sworn, says : 

By Anderson’s attorney. For whom did you vote at the last August 
election in the race for Congress between Anderson and Chrisman, 
and in what county and precinct ? 

Answer. I voted for Anderson. I voted in Pulaski county, in the 
Somerset precinct. 

By same. If your name is recorded on the poll-book of said pre- 


KENTUCKY CONTESTED ELECTION. 169 

cinct as having voted for James S. Chrisman, is or not it a mistake of 
the person so recording it ? 

Answer. If my name is recorded as having voted for Chrisman, it 
is a mistake of the person who recorded it. 

By same. Is there any other Horace Withers in Pulaski county, 
Somerset precinct, besides yourself? 

Answer. There is no other Horace Withers in Pulaski county and 
Somerset district besides myself. 

Cross-examined . 

Are you acquainted with William Stewart, sr., who resides in 
Pulaski county, in the Price precinct—the William Stewart described 
by Benjamin Compton in his deposition hereinbefore given ? 

Answer. I am acquainted with William Stewart living in the Price 
district, in this county—old Billy Stewart; he lives near Solomon 
Sigall, on this side ; he is the only old man that I know of in that 
precinct of that name. 

Ho you regard him as an idiot ? 

Answer. I do not. 

Has he or not been a married man for many years ? 

Answer. He has, ever since I have known him. He is about sixty 
years old, I suppose. 

Has he or not been his own guardian and conducted his own busi¬ 
ness and affairs all his life. 

Answer. So far as I know he has. 

And further saith not. 

HORACE WITHERS. 


Adjourned 

1859. 


till to-morrow morning at 8J o’clock, November 25, 
D. H. DENTON, P. J. P. C . C. 


Met Saturday morning, November 26, 1859, at half-past eight 
o’clock, pursuant to adjournment, and resumed the taking of depo¬ 
sitions. 

The deposition of William McKee Fox, taken on 26th November, at 
the same place, and for the purpose mentioned in the caption, who, 
being of lawful age and first sworn, says : 

By Anderson’s attorney. Are you acquainted with George R. 
Vaught. Do you know for whom he voted in the race for Congress 
at the last August election, and in what county and precinct ? 

Answer. I am acquainted with George R. Vaught. On the morn¬ 
ing of the last August election he asked me to give him a ticket. I 
gave him a ticket with the name of William C. Anderson on it for 
Congress ; I went with said Vaught to the polls, and heard his name 
cried by the sheriff of the election for W. C. Anderson for Congress ; 
by an examination of the poll-book of precinct No. 1, of Pulaski 
county, being the precinct in which said Vaught resides and voted, 
I find that his vote is put down for and counted for James S. Chris¬ 
man for Congress. His vote is also recorded for Anderson. 


170 


KENTUCKY CONTESTED ELECTION. 


By same. Was he drunk or sober at the time he gave his vote? 

Answer. I do not think he was drunk. I did not discover that he 
was drinking at the time he voted. 

Cross-examined. 

Do you know of any person who voted for W. C. Anderson in the 
last race for Congress who was not, in your judgment, a legally 
qualified voter ; if so, who and where did such person vote ? 

Answer. I do not. 

And further saith not. 

W. McKEE FOX. 

Also the deposition of B. F. Harrison, taken at the same time and 
place, and for the same purpose, who, being of lawful age, and first 
duly sworn, states: 

Question by Anderson’s attorney. In what precinct in Pulaski 
county do you reside ; in what precinct did you vote at the last 
August election, and for whom did you vote for Congress ? 

Answer. I reside in the Somerset precinct, and voted in it at the 
last August election. I voted for W. C. Anderson for Congress. 

By same. Have you examined the poll-book of the Somerset pre¬ 
cinct; if so, is or not your vote recorded for James S. Chrisman for 
Congress ? 

Answer. I have examined the poll-book for the Somerset precinct, 
and find that my vote is recorded for James S. Chrisman as well as 
for W. C. Anderson. 


Cross-examined . 

Did you or not go to Texas a short time before the last August 
election; if so, how long before the election? 

Answer. I left here January, 1857, and w r ent to Texas. 

What time did you return from Texas ? 

Answer. On the 22d of last December, 1858. 

What is your occupation ? 

Answer. A house carpenter. 

Have you any family ? 

Answer. I have none. 

For what purpose did you go to Texas ? 

Answer. To see the country and look around. 

What did you follow while in Texas. 

Answer. I worked at my trade what work I did. 

At what point in Texas did you first settle down ? 

Answer. In Houston county, on the Trinity river. 

Did you or not remain in the same county during your stay in 
Texas ? 

Answer. I did, except in going and coming home. 

Did you like the country or not ? 

Answer.* I did not well enough to stay. 

Did you like or dislike the country on your arrival in it ? 


KENTUCKY CONTESTED ELECTION. 171 

Answer. I was somewhat pleased with it when I first arrived, but 
soon got dissatisfied. 

When you arrived there and was pleased, did you or not expect to 
remain there if you still continued to like the country ? 

Answer. No, sir; my intention was to return. 

Did you or not tell Abel Debord and George Debord, or one of 
them, before you started to Texas, that you expected to remain in 
Texas if you liked the country? 

Answer. Not that I know of. If I did, I don't remember it. 

Did you or not take your carpenter’s tools with you to Texas ? 

Answer. I took about one-third of them. 

On your route to Texas did you or not tell R. C. Harris that you 
intended to remain in Texas ? 

Answer. I sometimes talked to him as if I intended to remain, and 
at other times that I should not. I never told him positively that I 
should remain. I talked in that way from the fact that I was unset¬ 
tled in my mind as to whether I would stay or not, but it was my 
intention to return to Kentucky if I made that my home. 

Did you or not go to Texas with Mr. R. C. Harris ? 

Answer. I did. 

By Anderson: 

Was it or not your intention to return to Kentucky when you went 
out to Texas? 

Answer. It was. 

And further saith not. 

B. F. HARRISON. 

Also the deposition of R. Q. Woodcock, taken at the same time 
and place, and for the same purpose stated in the caption, who, 
being of lawful age, and first sworn, states: 

By Anderson’s attorney: 

Are you acquainted with one Henderson Angell? If so, state wliat 
time he came to this county, and what he told you about his remain¬ 
ing here. 

Answer. I am acquainted with Henderson Angell. He came to 
this county sometime last winter. He told me he came here on his 
way to Missouri; that he intended to remain here only a few days. 

By same. Did he or not make the above statement to you before 
the last August election? 

Answer. He did. 


Cross-examined. 

When and where did he tell you as above stated ? 

Answer. He made that statement to me a short time after he came 
here. I do not remember what it was. 

Do you or not know that the said Angell did not go from here to 

Missouri? . 

Answer. I do not know where he went to. The sheriff of Owsley 

county took him ofi from here. 


172 


KENTUCKY CONTESTED ELECTION. 


Do you or not know that the sheriff of Owsley county, Kentucky, 
took the said Angell under arrest from this county; and at what time ? 

Answer. I saw those gentlemen here; one was said to be the sheriff 
of Owsley county. It was after the August election, to the best of 
my knowledge, that he was taken off. 

Was he or not a man of family ? 

Answer. I have heard him say that he had none. I know nothing 
about it only what he said. 

Had he any property that you know of? 

Answer. He had a gray hdrse in his possession that he claimed as 
his own. 

And further saith not. 

ROBT. Q. WOODCOCK. 


T Also the deposition of M. E. Ingram, taken at the same time and 
place, and for the purpose stated in the caption, who, being of lawful 
age, and first sworn, states: 

Questions by Anderson’s attorney: 

Are you acquainted with Henderson Angell; if so, when did he 
come to this county; and what did he tell you about his remaining 
here ? 

I am acquainted with Angell, as above. I think he came here last 
winter; as to the precise time I cannot say ; he stopped at our house 
when he came here, and my recollection is he told me he was on his 
way to Missouri. 

Did he tell you as above, when he first came to this county ? 

I think it was the first night he came to town. 

How and where did he go when be left here; and when? 

He staid at our house some two weeks and left for the coal banks the 
first time, as he said, and has generally been travelling from Somerset 
to Thompsonville, and the coal banks, &c. I think perhaps some two 
months since he was taken by the sheriff of Owsley county, Kentucky, 
to that place. 

Are not the coal banks and Thompsonville in the Juggenaut 
precinct? 

They are. 

By Anderson’s attorney: 

Was or was not said Angell arrested in Somerset, sometime before 
the last August election, to be carried back to Owsley; if so, did he 
or not escape from his guard and get away? 

He was arrested by the sheriff of our county sometime before the 
August election, and delivered to the marshal of our town and ran 
off. 


M. E. INGRAM. 


Also the deposition of Silas Lee, taken at the same place and 
time, for the purpose mentioned in the caption, being first sworn, 
states in answer to questions, &c.: 

Questions by Anderson’s attorney: 

What precinct do you reside in, in Pulaski county ? 

Answer. In the Gaines district No. 2. 


KENTUCKY CONTESTED ELECTION. 


173 


By same. Have you or not been a justice of the peace for that 
district for a number of years; and are you or not well acquainted 
with the citizens of said district ? 

Answer. I have been a justice of the peace for that district for 
four years, and know a great many of them. 

By same. Are you or not acquainted with one John L. Logan ? If 
so, state whether or not he is your nephew, and did he or not remove 
from Pulaski county to Kansas about two years ago ; state all you 
know' about his removal and return, and what he told you about his 
going. 

Answer. I am acquainted with him ; by marriage he is my nephew. 
He made preparations to emigrate to Kansas. He bought some land 
warrants, and was consulting me how to lay them when he got there. 
He said he was going to Kansas to make that his home. He was in 
Kansas one or two years, and has been back about a year. 

By same. Where has he been living since his return ? 

Answer. He has been living in Wayne county since last spring. 

By same. Hid he or not vote in the Harrison district, in Pulaski 
county, at the last August election ; if so, for whom did he vote ? 

Answer. I have examined the poll-books for the Harrison district, 
and find that he voted in that district for James S. Chrisman for 
Congress. 

By same. Do you know of any other John L. Logan in Pulaski 
county but the one referred to as your nephew ? 

Answer. I do not. 

By same. Are you acquainted with A. W. Baker; if so, did he or 
not remove from Pulaski county to Missouri with his father? If so, 
state what time he went off, and what time he returned. 

Answer. I am acquainted with A. W. Baker. He removed with 
his father to Missouri a year ago last fall. He came back last fall. 

By same. Did he or not vote at the Gaines precinct, in Pulaski 
county, for James S. Chrisman for Congress at the last August 
election ? 

Answer. I find it so from the poll-book. 

By same. Did or did not Thomas Baker, the father of said A. W. 
Baker, take all his property to Missouri with him ? 

Answer. So far as I know, he did. 

By same. Are you acquainted with Otlio Daugherty ? If so, state 
where he resides and where he voted at the last August election. 

Answer. I have seen him a time or two before the election. I 
cannot state where he resides. I see from the poll-books that he 
voted in the Gaines district for Chrisman for Congress. 

By same. Have you seen him in Gaines district since the August 
election ? 

Answer. I can’t say that I have. 

By same. Have you or not been keeper of the poor-house of Pu¬ 
laski county lor the last several years ; if so, in what district is said 
poor-house* situated, and was or was not Norris Williams sent to the 
poor-house by the Pulaski county court, and did he not reside there ? 


174 


KENTUCKY CONTESTED ELECTION. 


Answer. I have been keeper of the poor-house for some three 
years, and am at this time. It is in No. 2, Gaines district. Norris 
Williams was sent to the poor-house by the Pulaski county court. 
He came to the poor-house the 25th of last June the last time, and 
has remained there ever since, except a short visit he took just 
before the election. I keep an account of the time they are there, 
so that I can charge for it. He has been there ever since I have 
been there and before. 

By same. Did or did not the county court pay you for keeping said 
Williams, and is he or not at the poor-house at this time ? 

Answer. The county court has paid me for keeping him, and he is 
there at this time. 

By same. How long was he absent from the poor-house about the 
August election ? 

Answer. He was gone so short a time about the August election 
that I hardly missed him. I did not know he had been away until I 
was told so. 

By same. Are you or not acquainted with J. B. Dalton, commonly 
called Bent Dalton; if so, did he or not remove from Pulaski county 
to Missouri with his father; if so, when did he remove, and when did 
he return ? 

Answer. I am slightly acquainted with J. B. Dalton, commonly 
called Bent Dalton. They left here together, and the word was they 
were going to Missouri. He left a year ago last fall, and remained 
about a year. 

By same. Did they or not remove from Pulaski county ? 

Answer. They did remove from Pulaski county. 

By same. From an examination you have made of the poll-book of 
Gaines district, No. 2, of Pulaski county, did or did not said Dalton 
vote for James S. Chrisman for Congress at the last August election ? 

Answer. By an examination of the poll-books I find that J. B. 
Dalton voted in the Gaines district—voted for Chrisman for Congress. 

[James S. Chrisman excepts to the reading of the foregoing depo¬ 
sition of Silas Lee, because he has received no notice that such wit¬ 
ness would be examined. Also further excepts to that part of it 
which attacks the vote of A. W. Baker, because Anderson’s response 
to his notice does not challenge the vote of said Baker, or take any 
notice of it; and not waiving said exceptions, proceeds to the cross- 
examination.] 

Had or not John L. Logan a family when he went to Kansas ? 

Answer. He has never had any family. 

What is his age, and where do his parents live ? 

Answer. He is twenty-one or two. His parents are dead. 

Where was he on the day of the election last August ? 

Answer. I saw him at the Gaines precinct, No. 2. 

Do you know all the voters of the Harrison precinct, No. 3, in 
Pulaski county, who were voters there last August ? 

Answer. I do not. 

Do you know that your nephew by marriage, John L. Logan, voted 
anywhere last election ? 


KENTUCKY CONTESTED ELECTION. 


175 


Answer. No ; I only see his name on the poll-books. 

Is or not the name of John L. Logan which you see on the poll- 
books on the poll-book of the Harrison precinct, No. 3, and not on 
the poll-book for the Gaines precinct, where you saw him on the day 
of the last August election ? 

Answer. I see his name on the Harrison poll-book. I saw him in 
person in the Gaines precinct at the voting place on the day of the 
election. 

Can you state certainly that there resided in the Harrison precinct, 
No. 3, at the last August election, no voter by the name of John L. 
Logan other than your said nephew ? 

Answer. I don’t know any. 

Ho you know that there is not any? 

Answer. I have never heard of any. 

What proportion of the voters of said precinct are you personally 
acquainted with ? 

Answer. I know the leading men—the older men. 

Ho you think you are personally acquainted with as many as half 
the voters of said precinct ? 

Answer. I couldn’t say I was. 

Where did your said nephew, John L. Logan, make his home prior 
to his said trip to Kansas ? 

Answer. On my farm, in the Gaines district. 

With whom did he reside on your farm ? 

Answer. His aunt and uncle. 

Where has he resided since his return from Kansas ? 

Answer. With his two sisters—one in the Harrison precinct, and 
one in the Gaines precinct—up to last spring, when he went to Mon- 
ticello, Wayne county. 

Ho you know which of these sisters he resided with when not 
engaged in business ? 

Answer. I couldn’t say. 

How was he engaged while in Wayne, and what did he go there 
for ? 

Answer. I understood he went there to go to school the first part, 
and to teach a school after that. 

Hid he go to teach school before or since the last August election ? 

Answer. I don’t know that I can answer that. I reckon the public 
schools did not commence till after the August election. 

Hid he or not go to teach a public or common school ? 

Answer. I couldn’t say. 

Ho you know what place, or any place, which he has claimed as his 
home since his return from Kansas ? 

Answer. I do not. 

Ho you know that when he left for Kansas he did not intend to 
return to Kentucky ? 

Answer. He did not speak of doing so. He said he was going 
there to make it his home, and until he accumulated as much as I 
did, so he could live where he pleased. 


176 


KENTUCKY CONTESTED ELECTION. 


Did he or not also tell you that he purchased the land warrants of 
which you have spoken that he might make money by locating them ? 

Answer. He never did. 

What amount of land warrants did he take with him ? 

Answer. One or two. 

Do you know with what intention Thomas Baker or A. W. Baker 
left this county as you have stated ? 

Answer. Thos. Baker sold out land; A. W. Baker was a minor when 
he left. 

Do you know that A. W. Baker voted anywhere at the last August 
election ? 

Answer. I saw his name on the Gaines district poll-book. 

By same. Do you know how many A. W. Bakers there are in Pu¬ 
laski county, and how many in the Gaines precinct ? 

Answer. I could not answer for the county, and am not positive as 
to that district. Upon reflection, I know of no other Abel but this 
one whose name is put down A. W. Baker, jr., and his uncle A. W. 
Baker, whose names appear on the book referred to. 

You have stated that Norris Williams came to the poor-house the 
last time on the 25th day of June last; please state how long he re¬ 
mained there before he went away. 

Answer. He went away a short time before the election. 

How long was it after the election before he returned to the poor- 
house ? 

Answer. It must have been but a very short time. 

Was it or not your general rule to count out the time that the 
paupers were absent from the poor-house, and claim pay off of the 
county only for the time they actually remained there ? 

Answer. When they were gone any length of time Idid. 

Were not the paupers fed and attended to by your servants? 

Answer. They were. 

Did they or not reside in a different house from you; and how far 
from yours ? 

Answer. They resided about a quarter and a half-quarter from my 
house. 

How often, if at all, do you go there on no other business than to 
see them, and see to them ? 

Answer. Every one, two, or three days. 

You have stated that you are acquainted with a young man com¬ 
monly called Bent Dalton; do you know how he writes his name or 
what his proper name is ? 

Answer. I do not. 

Do you know that he has or ever had any other name but Bent 
Dalton ? 

Answer. I do not. 

Then can you say that any man by the name of J. B. Dalton ever 
moved from Pulaski county? 

Answer. I can’t tell anything about it, only what I see on the poll- 
books. 


KENTUCKY CONTESTED ELECTION. 


177 


By Anderson’s attorney: 

How far is it from the voting place in Gaines district, to the 
voting place in Harrison district? 

Answer. Some four miles. 

SILAS LEE. 

Also the deposition of Dickerson Thompson, taken at the same 
time and place, for the purpose mentioned in the caption ; witness 
being of full age, and first sworn: 

By Anderson’s attorney: 

Are ) T ou acquainted with Otho Daugherty; if so, state all you know 
about his place of residence? 

Answer. I am acquainted with Otho Daugherty. He came to my 
house about the 20th or 25th of June last, and he said that he had 
been in Indiana shortly before that. 

By same. Where did he live at the last August election? 

Answer. I don’t know. I don’t know where his residence is. He 
stayed the most of the time at my house up to the August election. 

By same. Where has he been living since the August election? 

Answer. He left my house the next morning after the election, and 
said he was going to Wayne county. 

By same. How long was he in Indiana? 

Answer. I don’t know. 

By same. Has or has not Otho Daugherty a home in the Gaines 
district? 

Answer. If he has I don’t know where it is. 

By same. Is he or not your cousin? 

Answer. He is my father’s cousin. 

By same. Did or did not Otho Daugherty tell you, a short time after 
the election, that he was going to Campbell county, Kentucky ? 

Answer. He said so, and started and said he was going there. 

By same. In what district did Ivory Thompson reside at the last 
August election ? 

Answer. In the Harrison district, No. 3, Pulaski county. 

By same. Did or did not said Ivory Thompson make a wheat crop 
in said district, and claim the Harrison district as his home and 
voting place? 

Answer. About last August, a year ago, he went out of the Gaines 
district into the Harrision district, to do some work and to sow some 
wheat. He then told me that he expected to make a corn crop in 
the Harrison district; but in the spring, sometime in March, he went 
back into the Gaines district, though he had a contract that he was 
to return to the Harrison district as soon as he made a corn crop in 
the Gaines, and I suppose he returned as soon as he finished it. 

By same. Was he or not keeping house in the Harrison district at 
the last August election? 

Answer. He was. 

By same. Did he or not claim said district as his place of residence, 
from the time he moved there last August a year ago, up to the 
present time ? 

H. Mis. Doc. 11-12 


178 


KENTUCKY CONTESTED ELECTION. 


Answer. I think he did from the way he talked. He generally 
spoke of going home, that is to Asberry Marrow 7 s, in that district. 

Do you know where Otho Daugherty 7 s home was at the last. August 
election; or where it had been prior to that time ? 

Answer. I do not, only what he told me, as I have before stated, 
that he was lately from Indiana. 

He never told you where his home was, did he ? 

Answer. He never did. 

Where did he board and lodge in the Gaines precinct, while making 
his corn crop last spring ? 

Answer. At Huriah Pennington 7 s. 

When he went to Pennington 7 s, did he or not take all his clothes 
with him? 

Answer. I don’t think he took all. He took part of them. He 
told me he had a coat and a hat at A. Marrow’s, in the Harrison 
district. 

With w T hom did he have a contract to return to the Harrison pre¬ 
cinct, after making his crop at Pennington’s, in the Gaines precinct? 

Answer. A. B. Marrow’s. 

Tell what that contract was ? 

Answer. The contract was, he was to come back and finish olf 
some work that he had not done before. 

Did he own any property besides his clothes; and if so, what 
property? 

Answer. He owned a horse. This is all I know of. 

Did he or not take the said horse with him to Pennington’s, in the 
Gaines district, and keep him there as long as he stayed there? 

Answer. He did. 

Is A. B. Marrow, with whom said Thompson sometimes staid, in the 
Harrison precinct, any relation of this Thompson. 

Answer. None that I know of. 

Where does said Ivory Thompson now live; and where has he 
lived since the last August election? 

Answer. He lived a while in the Harrison district, on the said Mar¬ 
row’s land. He has lived in Wayne county since that time. 

By same. Since he left A. B. Marrow’s in March last; has he ever 
returned to said Marrow’s house and made it his home ? 

Answer. I don’t know that he returned immediatety to his house, 
but he has to his land. 

By same. Do you or not know that he never has returned to the 
said Marrow’s house and resided therein? 

Answer. I don’t know whether he has or not. He married before 
he came back, and when he came back he went on to Marrow’s land. 

Do you or not know that when he went to Pennington’s, in the 
Gaines precinct, in March, before the election, he left his coat and 
hat that you have spoken of for the express purpose of claiming the 
right to come back there and vote ? 

Answer. I do not. 

By same. Do you or not know Levi Hollers and Walter Boalton, 
residing in the Gaines precinct, in Pulaski county ? 


KENTUCKY CONTESTED ELECTION. 


] 79 


Answer. I do. 

By Anderson’s attorney: 

Did or did not Otho Daugherty tell you that he had been sen¬ 
tenced to the penitentiary, from Wayne county, for a felony? 

Answer. He told me that he had been in the penitentiary, and 
worked there at the shoemakers’ trade. 

DICKERSON THOMPSON. 

Also the deposition of W. W. Adams, taken at the same time and 
place, for the purpose mentioned in the caption ; witness being of 
lawful age, and first sworn: 

Question by Mr. Anderson’s attorney: 

Are you or not acquainted with Wm. Barr; if so, state what you 
know about his removing from Kentucky? 

Answer. I know Wm. Barr. He left Kentucky about a year ago 
last October. He went to Indiana. He returned I think about 
spring last. 

By same. Did he or not sell out his property in Pulaski county, 
and tell you that he was going to Indiana to live ? 

Answer. He did. He sold out, and told me he was going there to 
live. 

By same. Did he or not vote at the Glade precinct, No. 11, in 
Pulaski county, for James S. Chrisman for Congress? 

Answer. He did. 

By same. Did he or not offer to sell you his crop of corn, and did 
he or not tell you that he was going to Indiana to live ? 

Answer. He did offer to sell his corn to me, and told me he was 
going there to live. 

[J. S. Chrisman excepts to the reading of the foregoing deposition 
of W. W. Adams, attacking the legality of the vote of Wm. Barr, 
because W. C. Anderson’s response to his (Chrisman’s) notice con¬ 
tains no notice that said Barr’s vote would be impeached, nor hath 
he had any notice thereof otherwise, and not waiving the objection, 
proceeds to cross examine.] 


Cross-examined. 

What aged man is William Barr, of whom you have spoken, and 

has he a family ? _ 

Answer. I suppose he is about twenty-three or tour years old. He 

has no family. , . A . , 0 

Who did he go to Indiania with, and what did he go tor ? 

Answer. He went there with Crocket Grear. He stated when he 
paid me at my house on his way, that lie was going there to live. 

Do you live in Pulaski county, and in what precinct thereof? 
Answer. I live in Pulaski county, and in the Glade piecinct. 

You don’t know where he went after he left your house, do you, 

nor where he intended to go, only what he said to you? 

Answer I do not know only what he said. He told me after he 
returned, that he had been in Indiana, at his uncle Joel Nelson’s. 
Where do his parents live, and where was he raised? 


180 


KENTUCKY CONTESTED ELECTION. 


Answer. His parents live in Pulaski county, and I suppose he was 
raised principally in that county. 

Do or not his parents live in what is called Glade’s precinct, in 
said county ? 

Answer. I think they do. 

Do you know that the said William Barr voted anywhere at the 
last August election ? 

Answer. I saw him vote in the Glade precinct. 

Did the young man William Barr have any property in this county 
before he left ? 

Answer. I suppose nothing but his crop of corn. 

What went with his crop of corn ? 

Answer. He sold it principally, or all, probably, to John Moore. 

Did he go on horseback, or by what conveyance? 

Answer. He went afoot. 

By Anderson’s attorney. Did you or not see him on his way hack 
from Indiana ; if so, what reasons did he give you for leaving that 
State ? 

Answer. I saw him on his way hack from Indiana. He told me he 
did not like the country ; he thought it was sickly. 

W. W. ADAMS. 

Also the deposition of Enoch Phelps, taken at the same time and 
place, for same purpose : 

By Anderson’s attorney. Did you or not vote at the Somerset pre¬ 
cinct in Pulaski county, at the last August election, and for W. C. 
Anderson for Congress ; if so, did you or not reside in said Somerset 
district; if so, how long have you resided in said district? 

Answer. I voted at that precinct for Anderson for Congress. I 
lived at that time in the Somerset district. I have lived there ever 
since about the 10th of last March. 

By same. Do you or not reside in the Somerset district at this 
time ; and if so, do you or not consider that district your home? 

Answer. I do reside in that district, and consider that my home. 

By same. In what district does your father reside? 

Answer. I don’t know. 

By same. Do you or not live at Allen Jones’ in said Somerset dis¬ 
trict ? 

Answer. I do ; and have lived there since last March. 

By same. Where does your brother, R. Phelps, live, and where and 
for whom did he vote at the last August election ? 

Answer. He lived with his father ; I don’t know what district it is. 
He voted in the Somerset precinct. 

By same. In what district does your brother, R. Phelps, usually 
vote. 

Answer. At the Somerset. 

By same. Has he or not always voted at the Somerset precinct? 

Answer. He has. 

By same. Does he or not claim said Somerset precinct as his voting 
place ? 

Answer. He does. 


KENTUCKY CONTESTED ELECTION. 


181 


Cross-examined . 

Whom have you lived with since the 10th of last March ? 

Answer. Allen Jones. 

By same. How old are you now ? 

Answer I was twenty-two the 10th of last October. 

By same. Have you any family ? 

Answer. I have none. 

By same What did you first go to Allen Jones for, and under what 
contract ? 

Answer. I hired to him by the year to work. 

By same. Where was your washing done from the time you went 
there until the August election ? 

Answer The most of it was done at my father’s ; a little of it done 
at Bolen Groff’s, in Somerset district, and a little done at Squire Dun¬ 
ham’s. 

By same. Is or not your clothes and washing now at your fathers? 

Answer. They are there. 

By same. When did your father move to the place he now lives in? 

Answer. I think it was in May. 

By same. Do you know in what voting precinct in Pulaski county 
your father now resides ? 

Answer. No, sir ; I do not know. 

By same. Where does your brother, It. Phelps, now live ; and 
where did he live at the last August election? 

Answer. He lives at his father’s, or at least he keeps his washing 
there. 

By same. Did he or not live at your father’s at the last August 
election ? 

Answer. I reckon he did. 

By same. How many times, that you know of, has your brother, 
It. Phelps, voted at Somerset? 

Answer. I don’t know certain ; I only know from hearsay. 

By Anderson’s attorney. In what district does your father vote? 

Answer. I do not know. 

ENOCH PHELPS. 

Also the deposition of Allen Jones, taken at the same time and 
place, and for same purpose : 

By Anderson’s attorney. In what district do you reside, and did or 
did not Enoch Phelps live with you in March last, and lives with you 
at this time ? 

Answer. I live in the Somerset district. Enoch Phelps has lived 
with me ever since the first of last March up to this time. 

By same. Do you or not know where the line of the Somerset dis¬ 
trict runs ; if so, does or does not the father of Enoch Phelps and R. 
Phelps reside in said Somerset district ? 

Answer. I don't know precisely where the line runs, but I was 
over there a few days since, and from the direction of the line I think 
they are included in the Somerset district. 


182 


KENTUCKY CONTESTED ELECTION. 


By same. Does or does not Leonard Phelps, the father of Enoch 
and R. Phelps, vote in the Somerset district? 

Answer. He does. 


Cross-examined . 

Have you ever heard that R. Phelps and Leonard Phelps voted at 
Somerset, or been present when they voted ? 

Answer. I have several times heard the father, Leonard Phelps, 
vote ; I have heard R. Phelps vote in the Somerset district. 

By same. Does Enoch Phelps have his clothes or washing, or any 
property, at your house ? 

Answer. He has no washing done there. He has no property there, 
except sometimes he has two suits of clothing there; he has no prop- 
erty. 

By same. Is he or not working for you as a hireling, under a con¬ 
tract to work one year ? 

Answer. That was as long as we agreed ; we have been talking 
about working longer. 

By same. What are your politics, and for whom did you vote last 
August? 

Answer. I have always been called a whig. I voted for Bell, 
Anderson and Griffin. 

ALLEN JONES. 

Enoch Phelps being called back by Chrisman’s attorney, and by 
leave of the judge before whom the depositions are being taken, was 
further cross-examined as follows : 

When you hired yourself to Allen Jones for one year, as you have 
stated, did you or not intend to return to your father’s when the year 
was out ? 

Answer. I intended to do as I have been doing—work for the one 
that would give me the most. 

By same. In the event that your year expired before you made 
another contract, or hired yourself to some one else, did you intend to 
go back to your father’s until you could hire yourself again ? 

Answer. I don’t know that ever such a thought ran through my 
mind. 

By same. Do you yet have any intention of moving your clothes * 
and washing from your father’s? 

Answer. I have thought of it; I don’t know that I shall or shall 
not. 

ENOCH PHELPS. 

Also the deposition of James D. Allcorn, taken at the same time 
and place, and for the same purpose mentioned in the caption ; 

By Mr. Anderson’s attorney. Are you or not clerk of the Pulaski 
county court ? If so, what is the date of the marriage certificate of 
Lemuel Mounce and Vina Barnes, from the records of your office? 

Answer. I am clerk of the Pulaski county court; and from the 


KENTUCKY CONTESTED ELECTION. 183 

records of my office, Lemuel Mounts and Vina Barnes were marriel 
on the 10th day of July, 1838. 

J. D. ALLCORN. 

Also the deposition of Dr. Wm. F. Scott, taken at the same time 
and place, for the purpose mentioned in the caption: 

By Mr. Anderson’s attorney. Did or did not Leroy Whitess tell 
you that he voted for James S. Chrisman, at the Gaines precinct in 
Pulaski county, at the last August election ? If so, did he or not 
also tell you that he was not twenty-one years of age? 

Answer. He was talking to James Jasper, and he said that he had 
voted for James S. Chrisman for Congress, and he said that he was 
not twenty-one years old at the time of his voting. 

By same. Do you know anything about the residence of Willis 
Wilkins? If so, state what you know. 

Answer. He has no residence. He is going from place to place, 
without any settled home. Sometimes he is in Casey county, then in 
Fayette county, sometimes in this county, sometimes in the Harrison 
district and the Somerset district. I have seen him before and since 
the election at his son’s in this district. He told me he had lived in 
Fayette at his son’s. 

By same. Did or did not David Sadler remove from Pulaski county 
sometime last year ? If so, state what you know about his removal, 
and what time he returned. 

Answer He did remove from this county. He left about fourteen 
months since. I saw him in Mintonville, Pulaski county, a few days 
before the election. He had been back but a few days. 

By same. A short time before the last August election, did he or 
not tell you that he did live in Logan county ? 

Answer. He told me he had been living there, but was not going 
back there. 

By same. Did or did not said Sadler vote at the Harrison precinct 
in this county at the last August election for James S. Chrisman for 
Congress ? 

Answer. He did, as the poll-books show. 

By same. Did or did not Thomas Baker and A. W. Baker remove 
from Pulaski county some time since ? If so, state all you know about 
their removal and return, and for whom said A. W. Baker voted at 
the last August election, and at what precinct he voted. 

Answer. Thomas Baker and A. W. Baker left here a year ago last 
fall for the west. He, Thomas Baker, sold out all his property. 
Thomas Baker told me he had been west either to Indiana or Missouri. 
They settled in the Gaines district. A. W. Baker voted for Chrisman 
for Congress. They returned here last fall. 

[James S. Chrisman excepts to the reading of the foregoing deposi¬ 
tion of W. F. Scott so far as it effects the vote of A. W. Baker, 
because W. C. Anderson’s response to his notices does not challenge 
the vote of said Baker, nor has he had any notice that said A. W. 
Baker’s vote would be challenged. And without waiving such ex¬ 
ceptions, proceeds to cross-examine as follows :] 


184 


KENTUCKY CONTESTED ELECTION. 


Question by Mr. Chrisman. When did you hear Leroy Whiter 
have the talk you have spoken of with James Jasper, and where ? 

Answer. It was since the election. We were before the Cumber¬ 
land Hotel in Somerset. 

By same. Where does James Jasper live, and where is he now ? 

Answer. He lives in the Gaines district, and has been summoned, 
and attended here three days to give his deposition. 

By same. Where du the parents of said Leroy Whitess live ? 

Answer. His mother lives in the Gaines district. 

By same. What brought up the conversation between the boy and 
Mr. Jasper ? 

Answer. Jasper wanted to know why he had voted under age, and 
reminded him of a certificate that his mother had given in relation to 
his age. The certificate was given two years since. 

By same. Where do you reside, and how long since have you 
resided at your present place of abode ? 

Answer. I live in Somerset, in Pulaski county. I came here in 
1850, and have been living here ever since. 

By same. Has Willis Watkins ever resided in Somerset, Kentucky ? 

_nswer. I don’t think he has or had any residence since I have 
Known him. 

By same. Is he or not a tailor by trade ? 

Answer. He is. 

By same. Now please tell first what you know of your own knowledge 
about his various places of residence, and what you have heard him 
say on the same subject. 

Answer. He told me that he was going to live with his son in Fay¬ 
ette county, about a year or more since. 1 know of his living in Casey 
countv, at Godman Stewart’s. He has been off and on at his son’s in 
this (Somerset) district for the last eight or twelve months or more. 
He told me he had stayed awhile at Mapey’s, in the Harrison district. 

By same. How often did you see him at Godman Stewart’s, and 
how often at his son’s? 

Answer. I reckon I have seen him twenty times or more at his son’s. 
I never saw him at Stewart’s house. I have seen him in Mintonville, 
near Stewart’s. He told me he was living there. 

By same. You have stated that David Sadler removed from this 
county. How do you know that fact, and where did he go to? 

Answer. Since the election he told me he had been living in Logan 
county. 

By same. Has he a family or not, and what is his age? 

Answer. He has no family that I know of. He is about thirty years 
old. 

By same. Do you know anything more about his removal, except 
that he told you he had lived in Logan county? You missed him 
from the county, and saw him first a few days before the last August 
election, as you have stated. 

Answer. In addition to the above, I was frequently at his father’s, 
and never saw him there. I know he was not in the neighborhood. 
I was frequently in the neighborhood, and know all who live in that 


KENTUCKY CONTESTED ELECTION. 185 

part of the county, and know he was not there. I had a debt against 
him, and tried to find him, hut could not. 

By same. How much did he owe ; you and did you look all over 
the Harrison precinct for him ? 

Answer. He owed me ten or twelve dollars. I was all over the 
Harrison district—that is, in every neighborhood. 

By same. Have you or not been present here for the last four days, 
superintending the taking of the foregoing depositions on the side of 
Anderson, and using all exertions to advance Anderson’s interest by 
counselling with and getting up witnesses for him? 

Answer. By request of Mr. Anderson, I have. 

And further saitli not. 

W. F. SCOTT. 


Commonwealth of Kentucky, Pulaski County , set: 

I, D. H. Denton, presiding judge of the Pulaski county court, do 
certify that the foregoing depositions of George R. Vaught, Abraham 
Haines, William F. Patterson, George W. Owens, Kizzia Burton, 
Pleasant H. Wilson, M. G. Mize, David W. Russell, Lemuel Mounce, 
Thomas P. Minks, Benjamin Compton, Stephen .Burton, William F. 
Dobbs, Nathan Buchanan, Horace Withers, William McKee Fox, B. 
F. Harrison, Robert Q. Woodcock, M E. Ingram, Silas Lee, Dickin¬ 
son Thompson, W. W. Adams, Enoch Phelps, Allen Jones, J. D. 
Allcorn, and William F. Scott, were taken before me, and were read 
to and subscribed by each of them in my presence, at the time and 
place and in the matter of contest mentioned in the caption, they 
having each been first sworn by me that the evidence they should give 
in the matter should be the truth, the whole truth, and nothing but 
the truth ; and each of their statements 1 caused to be reduced to 
writing in my presence, the plaintiff and defendant both being present 
at the examination by their attorneys. 

Given under my hand this 26th day of November, 1859. 

D. H. DENTON, 

Presiding Judge of the Pulaski County Court . 

Synopsis of Cost. 


.Tndcrp’s fpps .... 

. $18 60 

Witnesses’ attendance ... 

. 35 SO 

Onnsfahle’s cost, .. 

. 8 10 


62 60 

. 1 00 


63 60 


D. H. DENTON, 

Presiding Judge of the Pulaski County Court. 

The Commonwealth of Kentucky, Pulaski County , set: 

I, J. D. Allcorn, clerk of the Pulaski county court, in and for the 
count\ and State aforesaid, do hereby certify that D. H. Denton, whose 
genuine signature appears to the foregoing certificate, is, and was at 











186 


KENTUCKY CONTESTED ELECTION. 


the time of signing the same, presiding judge of the Pulaski county 
court, duly elected, qualified, and sworn, and all his official acts as 
such are entitled to full faith and credit, and the above signature of 
his thereto is genuine. 

Given under my hand as clerk of the Pulaski county court, and 
r seal of office, at office in the town of Somerset, this 1st of 

L L s J December, 1859. 

J. D. ALLCORN, C. P. C. C. 


The Commonwealth of Kentucky to the sheriff or any constable of Pu¬ 
laski county: 

You are commanded to summon Robert Woodcock, Hiram Dugan, 
P. H. Wilson, John R. Richardson, Jamas Burnett, D. A. Davis, 
E. Brown, John S. Edwards, A. B. Haynes, Wm. L. Brown, Anna 
Mounce, Betsey Mounce, Thomas Hail, Adam Marsee, David Marsee, 
Tlios. P. Minks, H. T, Minks, Nathan Buchanan and wife, Kezziah 
Burton, James Jasper, Polly Durham, Stephen Burton, Wm. Strunk, 
Allen Morgan, Horace Withers, Daniel Sowder, Dickerson Thomp¬ 
son, Malinda Loveall, Michael Kelly, Thomas Hughes, of Mt. Gilead 
district, A. J. Ingram, William M Fox, William Colyer, and Henry 
Muce, son of Polly Muce, to attend at the court-house in Somerset on 
the 23d, 24th, 25th, 26th, and 27th days of November, 1859, to de¬ 
pose in a certain matter of contest pending in the House of Represent¬ 
atives of the United States, in which James S. Chrisman is contestant 
and William C. Anderson is contestee ; and this they shall in nowise 
omit under the penalty of the law. 

Given under my hand, as presiding judge of Pulaski county court, 
this ‘^5th of October, 1859. 

D. H. DENTON, P. J. P C. C. 


Executed 

Executed 

Executed 

Executed 

Executed 

Executed 

Executed 

Executed 

Executed 

Executed 

Executed 

Executed 

Executed 

Executed 

Executed 

Executed 

Executed 

Executed 

Executed 

Executed 

Executed 


on the 
on the 
on the 
on the 
on the 
on the 
on the 
on the 
on the 
on the 
on the 
on the 
on the 
on the 
on the 
on the 
on the 
on the 
on the 
on the 
on the 


thin named, John R. Richardson, Oct. 25, 1859. 
thin named, Horace Withers, Oct. 25, 1859. 
thin named, Robert Woodcock, Oct. 25, 1859. 
thin named,*Hiram Dugan, Oct. 26, 1859. 
thin named, P. H. Wilson, Oct. 28, 1859. 
thin named, R. S. Denney, Oct. 28, 1859. 
thin named, Nathaniel Buchanan, Oct. 29,1859. 
thin named, Dickerson Thompson, Oct. 31,1859. 
thin named, Thos. P. Minks, Oct. 31, 1855. 
thin named, Kezziah Burton, Oct. 31, 1859. 
thin named, William M. Fox, Nov. 1, 1859. 
thin named, A. J. Ingram, Nov. 4, 1859. 
thin named, Thomas Hail, Nov. 5, 1859. 
thin named, Michael Kelly, Nov. 8, 1859. 
thin named, A. B. Haynes, Nov. 8, 1859. 
thin named, James Burnett, Nov. 12, 1859. 
thin named, William Colyer, Nov. 15, 1859. 
thin named, James Jasper, Nov. 21, 1859. 
thin named, Thomas Hughes, Nov. 21, 1859. 
thin named, William Strunk, Nov. 25, 1859. 
thin named, James Ballow, Nov. 25, 1859. 

M. E. BURKHART, C . P. C. 



KENTUCKY CONTESTED ELECTION. 


187 


The Commonwealth of Kentucky to any constable of Pulaski county: 

You are hereby commanded to summon John Mattock and W. S. 
Buchannon to appear before me, at the court-house in Somerset, Ken¬ 
tucky, on the 23d of November, 1859, to testify and the truth to speak 
in behalf of W. C. Anderson in a matter in contest before the Con¬ 
gress of the United States of America at its next session, in which 
James S. Chrisman is contestant and W. C Anderson is contestee. 

Given under my hand this 23d of November, 1859. 

D. H. DENTON, J. r. G. C . 


Ihe Commonwealth of Kentucky to the sheriff or any constable of Pu¬ 
laski county , greeting: 

You are commanded to summon Robert Smith, James Delaney, W. 
M. Adams, William Adams, John P. Nunnelly, Thomas Gibson, W. 
F. Scott, E. Mel ter, John Denny, Samuel Owens, James Denny, Reu¬ 
ben Denny,William Munts, Peter Waddle, William Greer, Jas. Bal- 
low, Samuel Lane, R. Phelps, Tyre Turpin, Thomas Durham, John 
M. Hail, Wesley Hale, T. Q. Jasper, Richard Burnett, J. D. Allcorn, 
W. McKee Fox, Frank Harrison, George R. Yaught, John M. Hay¬ 
den, E. D. Porch, Ben. Compton, Jack Patten, D. W. Russell, J. M. 
Waddle, W. F. Dobbs, W. S. Buchanan, Stephen Burton, J. Q. A. 
Richardson, Jo. B. Newell, S. H. Tate. A. M. Beatty, Jos. Jasper, 
Wm. Waddle, J. W. Adams, Silas Tartan, Riley Mije, Jeff. Hurgis, 
M. G. Mije, Allen Jones, J. M. Perkins, Thomas Doslin, Han. Hinds, 
J. M. Smith, Silas Price, Olina Waddle, J. H. Davis, John Owens of 
Gaines district, Stephen Burton, Jack Hart, Alfred Taylor, Haywood 
Simpson, Jack Ingram, Eli Cowell, Dudley Massengle, W. F. Patter¬ 
son, William Love, Joy Thompson, C. Titnmey, jr., Enoch Phelps, 
Joseph Waller, jr., William Gibson, Randolpii Meredith, A. L. Mc¬ 
Kee, N. W. Owens, and Bo. Bullock, to attend at the court-house in 
Somerset, on Wednesday, November 23, 1859, to depose in a certain 
matter of contest pending in the House of Representatives of the United 
States, in which James S. Chrisman is contestant and William C. An¬ 
derson contestee, and this they shall in nowise omit under the penalty 
of the law. 

Given under my hand, as presiding judge of the Pulaski county 
court, this 20th day of October, .859. 

D. H. DENTON, 

Presiding Judge of the Pulaski County Court . 

Executed on the within named, John M. Hail, Oct. 20, 1859. 

Executed on Jeff. Hargis, Oct. 20, 1859. 

Executed on the within named, James D. Allcorn, Oct. 20, 1859. 

Executed on the within named, Thomas Durham, Oct. 20, 1859. 

Executed on the within named, W. F. Scott, Oct. 20, 1859. 

Executed on the within named, Thomas Doolin, Oct. 20, 1859. 

Executed on the within named, E. D. Porch, Oct. 20, 1859. 

Executed on the within named, W. McKee Fox, Oct. 20, 1859. 

Executed on the within named, W. M. Davis. Oct. 20, 1859. 

Executed on the within named, E. Milton, Oct. 20, 1859. 


188 


KENTUCKY CONTESTED ELECTION. 


Executed on the within named, John P. Nunnelley, Oct. 21, 1859. 
Executed on the within named, C. Timmey, jr., Oct. 21, 1859. 
Executed on the within named, J. W. Adams, Oct. 21, 1859. 
Executed on the within, Frank Harrison, October 21, 1859. 
Executed on the within named, J. Q. A. Richardson, Oct. 21, 1859. 
Executed on the within, William Love, October 21, 1859. 

Executed on the within, George R. Vaught, October 21, 1859. 
Executed on the within, Peter Waddle, October 21, 1859. 

Executed on the within named, Robert Smith, October 21, 1859. 
Executed on the within named, D. W. Russell, October 21, 1859. 
Executed on the within named, Samuel Owens, October 22, 1859. 
Executed on the within named, Thomas Gibson, October 22, 1859. 
Executed on the within named, J. M. Perkins, October 22, 1859. 
Executed on the within named, Benjamin Crepton, Oct. 22, 1859. 
Executed on the within named, William Gibson, October 24, 1859. 
Executed on the within named, John B. Newell, October 24, 1859. 
Executed on the within named, James Denney, October 24, 1859. 
Executed on the within named, Samuel Lane, October 24, 1859. 
Executed on the within named, Randolph Meredith, Oct. 24, 1859. 
Executed on the within named, J. H. Davis, October 24, 1859. 
Executed on W. W. Adams, October 25, 1859. 

Executed on the within named, Wesley Hail, November 1, 1859. 
Executed on the within, J. Q. Jasper, November 4, 1859. 

Executed on the within named, Haywood Simpson, Nov. 4, 1859. 
Executed on the within named, John F. Denney, Nov. 5, 1859. 
Executed on the within named, Jack Patten, November <, 1859. 
Executed on the within named Allen Jones, November 8, 1859. 
Executed on the within, Jack Hart, November 21, 1859. 

Executed on the within, W. S. Buchannon, November 21, 1859. 
Executed on the within named, William N. Owens, November 21, 
1859. 

M. E. BURKHART, C. P. C. 


Executed on the within, A. M. Beaty, November 22, 1859. 
Executed on the within, S. H. Tate, November 24, 1859. 

M. E. BURKHART, G. P. C. 


The Commonwealth of Kentucky to the sheriff or any constable of 
Pulaski county: 

You are commanded to summon Jackson C. Patten, William W. 
Adams, James Delaney, William Greer, Daniel Lowder, John M. 
Smith, and Silas Price, to appear before me on the 23d, 24th, 25th, and 
26th days of November, to testify in behalf of William 0. Anderson, 
in a certain matter in controversy between said Anderson and James 
H. Chrisman, the said Anderson being returned as a member elect to 
the Congress of the United States for the fourth congressional district 
of Kentucky, and the said Chrisman claiming to be himself elected 
thereto ; and this they shall in no wise omit under the penalty of the 
law. 

D. H. DENTON, P. J. P. C. C. 


November 22, 1859. 


KENTUCKY CONTESTED ELECTION. 


189 


Executed on J. C. Patton, Wm. W. Adams, Wm. Greer, John M 
Smith, November 8, 1859 ; also on Silas Price November 22, 1859 ; 
on Daniel Sowder November 22, 1859. By written notice. 

H. W. GARNER, C. P . C. 

James Delany not found. 


The Commonwealth of Kentucky to any constable of Pulaski county : 

You are commanded to summon Silas Lee to appear before me at 
the court-house in Somerset, Kentucky, on the 25th November, 1859, 
to testify and the truth to speak in behalf of W. C. Anderson, in a 
matter of controversy pending in the Congress of the United States of 
America, in which James S. Chrisman is contestant and W. C. An¬ 
derson is contestee. Given under my hand this 25th November, 
1859. 


D. H. DENTON, P. J. P. C. C . 


I received the within notice November 28, 1859. 

SILAS LEE. 


The commonwealth of Kentucky to the sheriff or any constable of Pulaski 

county: 

You are commanded to summon D. A. Davis, E. Brown, John 
S. Edwards, William L. Brown, Anna Mounce, Betsy Mounce, 
Henry Meece, (son of Polly Meece,) Abraham Haynes, Pleasant 
Jeffess, William H. Jones, and W. F. Patterson, to appear before 
me on the 2od day of November, 1859, at the court-house in 
Somerset, Kentucky, to testify in behalf of W. C. Anderson in a con¬ 
troversy pending before the 36th Congress of the United States of 
America, in which James S. Chrisman is contestant and W. C. 
Anderson is contestee. 

Given under my hand this 8th of November, 1859. 

D. H. DENTON, P. J. P. C C . 

Executed in full November 16, 1859. 

S. HIND, C . P. C . 

The commonwealth of Kentucky to the sheriff or any constable of Pulaski 
county greeting: 

You are hereby commanded to summon David Massie and Adam 
Massie, Tyre Turpine and George Owens, to appear before the Hon. 
D. H. Denton, county judge of Pulaski county, on Thursday, the 
24th of November, 1859, to testify and the truth to speak in a certain 
matter in contest, relative to a seat in Congress, between W. C. 
Anderson, the member returned for the 4th congressional district of 
Kentucky, and James H. Chrisman, who contests the right of Mr. 
Anderson, and claims to be elected thereto ; and this you shall in 
nowise omit under the penalty of the law. 

F D. H. DENTON, J. P . C. C. 

Executed on the within named the 23d day of November, 1859. 

J. R. COMPTON, C. P. C. 


190 KENTUCKY CONTESTED ELECTION. 

The commonwealth of Kentucky to the sheriff or any constable of Pulaski 
county , greeting: 

You are hereby commanded to summons Maria Barnes and 
Lemuel Mounts to appear before D. H. Denton, presiding judge of 
the Pulaski county court, at the court-house in Somerset, on Thursday, 
the 24th instant, to testify and the truth to speak in a certain matter 
in controversy between W. C. Anderson, returned as a member elect 
to the Congress of the United States for the 4th congressional district 
of Kentucky, and James H. Chrisman, who contests said election and 
claims himself to be elected to fill said seat; and this they shall in 
nowise omit, under the penalty of the law ; and make due return how 
you have executed this writ. 

Witness my hand and seal of office, as presiding judge of the 
Pulaski county court, this 21st day of November, A. D. 1859. 

[l. s.] D. H. DENTON, P. J . P. <7. 

Executed in full November 22, 1859. 

S. HINDS, C. P . C. 

Danville, Kentucky, November 15, 1859. 

Take notice that on the 25th day of November, 1859, at the court; 
house in Somerset, before D. H. Denton, presiding judge of Pulask 1 
county court, I will, in addition to the names already given you, take 
the depositions of W. M. Owens, F. J. Davis, and Dr. S. Moles, all 
residing in Pulaski county, to he used as evidence in the contest 
pending before the House of Representatives of the United States, 
and will continue from day to day until completed. 

W. C. ANDERSON. 

James S. Chrisman, or M. T. Chrisman, 

Agent for said James S. Chrisman . 

Executed by delivering a true copy of this on M. T. Chrisman, 
agent for James S. Chrisman, November 10, 1859. 

W. A. HARNESS, J. B. <7. 

November 2, 1859. 

Take notice that on the 23d day of November, 1859, at the court¬ 
house in the town of Somerset, Pulaski county, Kentucky, I shall take 
the deposition of James Burk, before D. H. Denton, presiding judge 
of the Pulaski county court, to he read as evidence on my behalf before 
the House of Representatives of the next Congress of the United 
States, in the contested election between you and myself. 

W. C. ANDERSON, 

Mr. James S. Chrisman. 

Executed November 2, 1859, by delivering to James S. Chrisman 
a true copy of the within notice. 

F. BATES, 8. W. C. 

November 12, 1859. 

In addition those persons whose depositions I will take at the court¬ 
house in Somerset, Pulaski county, before D. H. Denton, presiding 
judge of said county, I will take the depositions of Horace Withers, 
Daniel Sowder, Wm. Miles, A. F. Davis, and James Burk, all of 


KENTUCKY CONTESTED ELECTION. 


191 


whom reside in said county, to be read in the matter of contest now 
pending in the House of Representatives of the United States, in which 
you are contestant and 1 am contestee. Depositions to be taken 
November 23, 1859. 

W. C. ANDERSON. 

M. T. Chrism an, 

Agent for James S. Chrisman. 

Executed by delivering a true copy of the within notice to M. T. 
Chrisman, November 12, 1859. 

J. H. WILLAMSON, 8. W. C. 


William C. Anderson : 

Sir : You are notified I will appear before the House of Represent¬ 
atives of the Congress of the United States at their next session, and 
contest your right to a seat as a member of that body for and during 
the 36th Congress of the United States for the fourth congressional 
district of the State of Kentucky, claiming that at the election held 
in said fourth congressional district for the State of Kentucky on the 
first day of August, 1859, for member of Congress to represent said 
district for and during the 36th Congress of the United States, I 
was duly and lawfully elected, by the legal vote of the people, qualified 
to vote, to said office. Your right will be contested on the following 
grounds: 

1. A majority of the votes polled at said election between us were 
for me and against you. By a mistake made by the county board for 
examining poll-books for the county of Cumberland in said district, 
they certified to the State board a smaller number of votes for me than 
I actually got, and a larger number of votes for you than you actually 
got at said election in said county of Cumberland ; and although in 
due and proper time this mistake was corrected by an amended and 
supplemental certificate and return of the county board duly trans¬ 
mitted to the State board, the latter, in their canvass and estimate of 
the votes of said district in said election, had no regard to the said 
amended certificate, and improperly and unlawfully disregarded the 
same, when, if it had been regarded, my majority would have been 
seven votes, according to the face of the poll-books as they stand. 

2. I received a majority of the legal votes polled at said election 
between us in said congressional district. 

3. Divers votes were, by fraud or mistake of the officers of the elec¬ 
tion, recorded on the poll-books for you , when such votes had been 
actually cast for me. 

4. Divers voters who came to the polls at divers voting places in 
the district, being good voters, legally qualified and entitled to vote, 
desiring and offering to vote for me, were improperly and unlawfully 
denied by the officers of the election the right of voting, and rejected 
and unlawfully prevented from voting when they would have voted 
for me. 

5. Divers persons not qualified by law, some by reason of not having 
resided sixty days in their voting precinct next before the election, 
one year in the county, or two years in the State ; others by reason 



192 


KENTUCKY CONTESTED ELECTION. 


of not being free white male citizens over twenty-one years old, as 
required by the constitution and laws of Kentucky, at the various 
voting places in the district, and at each voting place in said district, 
were unlawfully permitted to vote for you against me in said election. 

6 Divers persons were unlawfully permitted to vote twice for 
you at the same election. Persons who voted for me were, by fraud 
or mistake, recorded for both of us. 

Persons were unlawfully permitted to vote for you who were 
disfranchised and deprived of the right of suffrage by reason of 
having been convicted of high crimes and misdemeanors. 

8. Persons who were not citizens of the United States were unlaw¬ 
fully permitted to vote for you against me in said election. 

9. Certain poll-books of said election, and particularly the poll-book 
of district No. 1, in the county of Boyle, have been fraudulently 
altered, mutilated, and changed since the election, and since they 
were certified and delivered by the officers of the election, and prior 
to the issuing of the certificate to you by the State board, whereby 
your vote was apparently increased and mine diminished. 

10. Legal voters voted for me at said election, and after their votes 
bad been recorded for me their names and votes were unlawfully and 
improperly stricken from the poll-book. 

11. All the votes recorded for me at the various voting places in 
said district at said election were legal and qualified voters, and their 
vote for me rightly recorded. 

12. I object to, challenge, and insist upon striking off the following 
named persons, whose names are recorded on the poll-books of the 
various voting places in said district at said election, and for the 
reasons assigned next to the names of each, to wit: 

Ivory Thompson—Because he did not reside in the State, county, 
or precinct in which he voted, for the time required by law. 

0. Timmy, jr.—Because he is a foreigner by birth and not a citizen 
of the United States, not having been naturalized. 

Enoch Phelps—Because he was not a resident of the precinct in 
which he voted, at the time he cast his vote. 

Abraham Mounce—Because he was not twenty-one years of age at 
the time he voted. 

Joseph Wallen, jr.—Because he was not twenty-one years of age at 
the time he voted. 

W. M. Adams—Because he did not reside in the county or precinct 
at which he voted, when his vote was cast. 

Wm. Gibson—Because he did not reside in the State, county, or 
precinct in which he voted, for the time required by law. 

W. F. alias Frank Patterson—Because of the same reasons as 
last above stated. 

E. McNair—Because of the same reasons as last above stated. 

Richard Burnett—Because of the same reasons as last above stated. 

Wm. Mounce—Because of the same reasons as last above stated. 

Peter Waddle—Because he was not twenty-one years old at the 
time he voted. 

Randolph Meridith—Because he was not a resident of the State, 
county, or precinct in which he voted, for the time required by law. 


KENTUCKY CONTESTED ELECTION. 


193 


A. L. McGhee—Because of the same reasons as last above stated. 

It. Phelps—Because of the same reasons as last above stated. 

Tyre Turpen—Because of the same reasons as last above stated. 

A. E. Massey—Because he was not twentv-one years of age at the 
time he voted. 

James Massy—Because of the same reason as last above stated. 

William Davis—Because he was not a resident of the State, county, 
or precinct in which he voted, for the time required by law. 

John Fenston—Because of the same reasons last above stated. 

Benjamin F. Taylor—Because of the same reasons last above stated. 

Bales Baugh—Because he was not twenty-one years old at the time 
he voted. 

Nelson Davis—Because he was not a resident or citizen of the State, 
county, or district in which he voted, for the period of time required 
by law. 

James Lowe—Because he was not twenty-one years of age at the 
time he voted. 

David Lowe—Because of the same reason as last above stated. 

William Massengal—Because he was not twenty-one years of age 
at the time he voted. 

William Crabtree—Because he was not a resident of the State, 
county, or precinct in which he voted, for the time required by law. 

Shadrack Blevins—Because he was not a resident of the State, 
county, or precinct in which he voted, for the time required by law. 

Joseph Roberts—Because he was not twenty-one years of age at the 
time he voted. 

Isaac Harden—Because he was not a resident of the State, county, 
or precinct at which he voted, for the period of time required by law. 

Elijah Spradlen—Because of the reasons last above stated. 

Harden Stevens—Because he was not twenty-one years of age at the 
time he voted. 

George Sumpter—Because he was not a resident of the State, county, 
or precinct in which he voted, for the period of time required by law. 

John Horton—Because ot the same reasons last above stated. 

Carey Abner—Because of the same reasons last above stated. 

Bartholomew Lawson—Because of the same reasons last above 
stated. 

James Lawson—Because of the same reasons last above stated. 

John Pollens—Because he was not twenty-one years of age atjdie 
time he voted. 

J. H. D. Floyd—Because of the same reason last above stated. 

Simeon Marcum—Because he did not reside in the State, county, or 
district in which he voted, for the time required by law. 

P. H. Clark—Because he is not a free white man, is of mixed blood, 
being at least one-fourth of African or negro blood. 

S. W. Hunter—Because he was not a resident of the State, county, 
or district in which he voted, for the period of time required by law. 

Lewis Gwinn—Because of the same reasons last above stated. 

George Westmoreland—Because of the same reasons last above 
stated 

John Westmoreland—Because of the same reasons last above stated, 
H. Mis. Doc. 11-13 


194 


KENTUCKY CONTESTED ELECTION. 


Anderson Maynard—Because of the same reasons last above named. 

James 0. Hancock—Because of the same reasons last above stated. 

Joseph C. Pace—Because of the same reasons last above stated. 

Thomas Rhodesmend—Because of the same reasons last above 
named. 

John Hardeson—Because he was not twenty-one years of age at the 
time he voted. 

Thomas A. Vaughn—Because he was convicted, sentenced to and 
confined in the Kentucky penitentiary for larceny, by the judgment of 
the circuit court, of Cumberland county in 1856, and thereby dis¬ 
franchised. 

Joseph Brummett—Because he was not twenty-one years of age 
when he voted. 

James M. Cloyd—Because he was not a resident of the State, county, 
or precinct in which he voted, for the time required by law. 

James Brummett—Because of the reasons last above stated. 

G. F. Dowell—Because he was not twenty-one years of age, and 
not a resident of the State, county, or precinct in which he voted, for 
the period of time required by law. 

J. M. Glidewell—Because he was not a resident of the State, county, 
or precinct in which he voted, for the time required by law. 

Burton Smith—Because of the same reasons last above stated. 

William Sevier—Because he was not twenty-one years old when he 
voted. 

Thomas Roy—Because he was not twenty-one years old when he 
voted. 

William Wright—Because he was not a resident of the county or 
district in which he voted. 

Jesse Dulley—Because he lives, and at the time he voted did live, 
in Barren county, not in the district ; and because he voted both in 
the Elliott precinct, in Cumberland, and at “ Harmony,’’ in Adair. 

Wiley Summers—Because he was not twenty-one years of age at 
the time he voted. 

James B. Elder—Because he was not a resident of the State, county 
or precinct in which he voted, for the time required by law. 

William Bacon—Because of the same reasons last above stated. 

R. W. Stephenson—Because of the same reasons last above stated. 

George Beddow—Because of the same reasons last above stated. 

Samuel D. Barnet—Because of the same reasons last above stated. 

James Patton—Because of the same reasons last above stated. 

Joseph McNull—Because of the same reasons last above stated. 

James Bless—Because of the same reasons last above stated. 

Alexander Martin—Because of the same reasons last above stated. 

Pink Grady—Because he was not twenty-one years of age at the 
time he voted. 

B. F. White—Because of the same reason last above stated. 

Isaac Graham—Because he was not a resident of the State, county, 
or district in which he voted, for the period of time required by law. 

R. Mary—Because of the same reasons last above stated. 

Charles King—Because of the same reasons last above stated. 

William Tuggle—Because of the same reasons last above stated. 

H. L. Carpenter—Because of the same reasons last above stated. 


KENTUCKY CONTESTED ELECTION. 


195 


A. J. Reynolds—Because of the same reasons last above named. 

Joseph Williams—Because of the same reasons last above named. 

A. F. Merriman—Because of the same reasons last above named. 

G. W. Nelson—Because of the same reasons last above named. 

J. H. Cranch—Because of the same reasons last above named ; and 
because he was convicted, sentenced, and confined in the penitentiary 
of Tennessee for felony, and thereby disfranchised. 

James W. Banks—Because he was not a citizen of the State, county, 
or precinct in which he voted, for the time required by law. 

James Nell—Because he was not a resident of the State, county, or 
precinct in which he voted, for the time required by law. 

James P. Wright—Because of the same reasons last above named. 

A. B. Cox—Because of a total absence of every qualification re¬ 
quired by law. 

William S. Matthews—Because he was not a resident of the county 
or precinct at which he voted, for the time required by law. 

Francis Wright—Because he was not twenty-one years of age when 
he voted. 

William Rakes—Because he was not a resident of the State, county, 
or precinct in which he voted, for the time required by law. 

William T. Martin—Because of the same reasons last above stated. 

Robert Buchanan—Because of the same reasons last above stated. 

John Griffin—Because of the same reasons last above stated. 

Elisha Berry—Because of the same reasons last above stated. 

W. A. Wood—Because of the same reasons last above stated. 

Preston Satterfield—Because he was not twenty-one years of age 
at the time he voted. 

Stephen Wilson—Because of the same reason last above stated. 

Jesse Wright—Because he was not a resident of the State, county, 
or precinct in which he voted, for the period of time required by law. 

William Collins—Because of the same reasons last above named. 

Nathan Lawhorn—Because he was convicted, sentenced, and con¬ 
fined in the Kentucky penitentiary for felony, and thereby disfran¬ 
chised. 

G. M. Brown—Because he was not twenty-one years of age when 
he voted. 

T. W. Lukins, alias Lumpkins—Because of the same reasons last 
above assigned. 

T. R. Tucker—Because he was not a resident of the State, county, 
or precinct in which he voted for the time required by law. 

V. P. Moore—This voter voted for me ; but, by mistake of the clerk, 
his vote was recorded for both of us. I shall claim that his vote be 
counted for me, and erased from your poll. 

The following persons voted for me, and their votes so cried by the 
sheriff, but the clerk omitted to record them for me: 

William Davis, Jackson D. Richardson, William R. Cumbass. I 
shall claim that their names be added to the list of persons voting for 

U 16 ' 

Wiley Turner—I shall also claim that the vote of Wiley Turner be 
added to the list of those voting for me, because, alter he had so voted, 
the judges and clerk of the district at which he voted, erased his name 
and vote without just reason ; he being a legal voter. 


196 


KENTUCKY CONTESTED ELECTION. 


Anderson Hare—I shall also claim that the vote of Anderson Hare 
be counted for me, he having offered and demanded to vote for me, 
hut was refused by the judges without good reason, he being a legal 
voter. 

I shall also object to, challenge, and insist upon striking off the 
votes of the following other persons whose names are recorded on the 
poll-books of the various precincts in said district at said election, 
and for the reasons assigned next to the names of each, to wit: 

John Surcy—Because he did not reside in the State, county, or pre¬ 
cinct in which he voted for the time required by law. 

William Beasley—Because he did not reside in the State, county, 
or precinct in which he voted, for the time required b}' law. 

George Tate—Because of the same reasons last above stated. 

Benj. Bruner—Because of the same reasons last above stated. 

George N. McNeil—Because of the same reasons last above stated. 

C. C. McClure—Because of the same reasons last above stated. 

James T. Haley—Because of the same reasons last above named. 

E. Preston—Because of the same reasons last above named. 

Zachariah Price—Because of the same reasons last above named, 
and because he was not twenty-one years of age when he voted. 

Edward Jones—Because he is an idiot and incapable of voting. 

George D. Masonheimer—Because he did not reside in the county 
or precinct in which he voted, for the time required by law. 

Lee Yager—Because of the same reasons last above named. 

I shall also claim and insist that the votes of the following named 
persons, who are recorded as having voted for you , be counted for 
me , and added to my poll , because in fact they voted for me, and by 
mistake of the clerk or otherwise they are made on the poll-books to 
vote for you, viz : 

Nelson Pendergaft, Nat. Harmon, Geo. W. Crane, George Jones, 
Samuel Letfew. 

I shall also object to and insist upon rejecting the poll-books and 
all the votes recorded at the Ireland precinct in the county of Taylor, 
because the officers of said election, who conducted and held the same, 
nor either of them, were sworn according to law, nor was the said 
poll-book certified by the officers as required by law. 

I shall also object to and insist upon rejecting the poll-book and all 
the votes given at the 7th district in the county of Wayne, for the 
same reasons as last above assigned. 

JAMES S. CHRISMAN. 

Danville, September 19, 1859. 

State of Kentucky, to wit : 

The undersigned, Wm. R. Taylor, states that he delivered to Wil¬ 
liam C. Anderson, the person to whom the within and foregoing 
notice is addressed, a true copy of the said notice on the 20th day of 
September, 1859. 

W. R. TAYLOR, M. T. D . 

Sworn to by the above-named subscriber before me, clerk of the 
Boyle county court, this 20th September, 1859. 

JAMES F. ZIMMERMAN, C. B . C. 0 . 


KENTUCKY CONTESTED ELECTION. 


197 


James S. Chrisman: 

Sir: I have received a paper purporting to be a notice contesting 
my right to a seat in the 36th Congress of the United States from the 
fourth district of Kentucky. You are notified that I shall object to 
the said notice, and ask for its quashal upon the following grounds: 

First. It does not give the residence of the voter who is challenged. 

Second. It does not give the county or precinct in which the vote 
was cast. 

Third. It does not state particularly the grounds upon which you 
rest the contest, as required by the act of Congress. 

In response to paragraph No. 1, in your pretended notice, I deny 
that the majority of the votes polled at the August election, 1859, 
were given for you. 

I deny that, by a mistake made by the county board of Cumberland 
county, you received a smaller number of votes than were really cast 
for you, and I a larger number than were cast for me. I state the 
facts to be as follows: The poll-books of Cumberland county were 
certified, (although some of them illegally, of which I shall speak 
hereafter,) sealed, and delivered as required by the law entitled 
1 ‘ Elections , M Revised Statutes of the State of Kentucky , pages 283 to 303, 
inclusive. The said poll-books were opened at the time required by 
law, and by the proper officers, and certificates of the votes cast were 
duly transmitted to the State board at Frankfort, and upon a compari¬ 
son of the vote sent the said State board, upon all the returns sent in, 
according to law, at the proper time, awarded me the certificate of 
election. Before the said certificate was granted the result was pub¬ 
lished in the public newspapers, by which I received a majority of three 
votes, and so soon as said publications were made, it was pretended 
that a mistake of ten votes had been made against you at the Kettle 
Creek precinct, in Cumberland county. It is true that an amended 
certificate, signed by only two of the examiners of Cumberland county, 
was sent to the State board at Frankfort, and they refused to receive 
the same, upon the ground that the county board had no right to re¬ 
assemble after the time fixed by law, and amend a certificate once 
transmitted and made out at the proper time; they were, to all intents 
and purposes, functus officio. Before, however, the amended return 
was sent from Cumberland county, a mistake, to my prejudice, of 
four votes, was discovered on the poll-books of Boyle county, and an 
amended return, stating this fact, transmitted by the county board of 
Boyle to the State board at Frankfort; and when this fact was made 
public in the district that such an amendment had been sent, nearly 
every democrat in the community, and yourself included, stated that 
it would be a gross outrage for the State board to receive additional 
returns after the official vote had once been sent in. It was then 
supposed that the vote between us was a tie; and by the laws of Ken¬ 
tucky in such cases, the casting of lots was required, and your chances 
for an election would have been equal with my own. W hen you and 
your friends, however, heard of this pretended mistake in Cumber¬ 
land, you shifted positions, and contended that the board ought to 


198 


KENTUCKY CONTESTED ELECTION. 


receive amended returns. ‘ ‘ The case being altered, altered the case . 17 
I contend that the State board at Frankfort acted lawfully and prop¬ 
erly, and I refer you to their published statement, signed by the gov¬ 
ernor, secretary of State, and attorney general of Kentucky. 

I do not know, and do not admit, that the mistake that you com¬ 
plain of occurred. It may be true, according to the books as they 
now stand, that such a mistake was made, but it is exceedingly strange 
that the mistake was not discovered for nearly two weeks after the 
comparison of the polls, and that comparison, too, made in the pres¬ 
ence of a number of your friends, who aided in the addition of the 
books, and also after it was ascertained from the returns sent in that 
I was elected by a majority of three votes. If, however, the mistake 
really did occur, I notify you that mistakes of a similar character, and 
others of a different character, were made against me, of which I will 
speak more particularly hereafter. I deny the charges made in para¬ 
graph No. 1 of your pretended notice. 

I deny the charges in paragraphs 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 
12 of your said notice. 

I deny that the persons you have named as voting for me were il¬ 
legal voters, as I will make fully to appear by the proof in proper 
time. 

I shall, upon the trial of the contest, challenge and insist upon strik¬ 
ing off the votes of the following named persons, recorded on the poll- 
books at various precincts in the district, and for the reasons set forth 
next to the name of each: 

1. Henry M. An tie or Anted—who voted in White Oak district, in 
Adair county; because he lived in the county of Russell. 

2. R. M. Barnard—who voted at White Oak district, in Adair 
county; because he had not been in the county, State, or precinct for 
the time required by law. 

3. George Simpson—who voted at White Oak district, in Adair 
county; for the same reasons as above. 

4. Ben. F. Allen—who voted at the Neatsville district, in Adair 
county; because he was a resident of and lived in the White Oak 
precinct. 

5. Milton Polly—who voted at White Oak precinct, in Adair 
county; because he lived in the Harmony precinct. 

6. Elijah Leach—who voted at White Oak precinct, in Adair 
county; because he was not a resident of said precinct for the term 
required by law. 

7. James B. Royse—who voted at the Columbia precinct, in Adair 
county; because he lived at the time at Haysville, in Marion county. 

8. William P. Royse—who voted at the Columbia precinct, in 
Adair county; for the same reason as above. 

9. James Rayner—who voted at the Gradyville precinct, in Adair 
county; because he was not a resident of said precinct. 

10. Wm. Woodard—who voted at the Grady ville district, in Adair 
county; because he was not a resident of the county or precinct in 
which he voted for the time required by law. 


KENTUCKY CONTESTED ELECTION. 199 

11. George Green—who voted at the Harmony district, in Adair 
county; because he was under twenty-one years of age. 

12. James Jones—who voted at Neats ville district, in Adair county; 
or the same reason as above. 

13. Jonathan McElroy—who voted at Harmony district, in Adair 
county; because he was not a resident of the county or precinct in 
which he voted for the time required. 

14. George D. Redman—who voted at the White Oak district, in 
Adair county; because he was not twenty-one years of age. 

15. William alias Peter Walkup—who voted at the White Oak 
district, in Adair county; because he was not a resident of said 
district for the time required by law, and in fact was a resident of 
the Harmony district. 

16. L N. Yaughn—who voted at the same place as above, and for 
the same reason as above. 

17. Samuel Yier—who voted at Columbia district, in Adair county; 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

18. William Yier—who voted at the same place as above, and 
because of the same reasons as above. 

19. Joshua Prewitt—who voted at the White Oak district in 
Adair county; because he was a resident of Neatsville district, and 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

20. Irvine Keaton—who voted at the Harmony district, in Adair 
county; because he was not a resident of the county or district in 
which he voted for the time required by law; in fact, he was a resi¬ 
dent of the county of Cumberland. 

21. Nathaniel Wade—who voted at Gradyville precinct, in Adair 
county; because he was not twenty-one years of age. 

22. William J. Cooley—who voted at the Neatsville district, in 
Adair county; because he was not a resident of said district for the 
time required by law. 

23. William Bryant—who voted at same place as above, and 
because of same reason as above. 

24. Morgan Simpson, alias R. W. Simpson—who voted at Neats¬ 
ville, in Adair county; because he was not twenty-one years of age. 

1. Nicholas Walter or Walters—who voted at district No. 3, in 
Boyle county; because he was not a resident of the county or pre¬ 
cinct in which he voted for the time required by law. 

2. A. G. Talbott, jr.—-who voted at precinct No. 4, Boyle county; 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

3. Charles Yoss—who voted at district No. 4, Boyle county ; 
because of the same reasons as last above named. 

4. William Crow—who voted at district No. 3, Boyle county; for 
the same reason as last above named. 

5. C. P. Springer—who voted at district No. 3, in Boyle county; 
because lie was not a resident of the county or precinct in which he 
voted, and for the time required by law. 


200 


KENTUCKY CONTESTED ELECTION. 


6. A. Fulkerson, jr.—who voted at district No. 2, in Boyle county; 
because of the same reason as last above named. 

7. James Owens—Avho voted at district No. 3, in Boyle county; 
because of the same reason as last above named. 

8. Garrett Lane—who voted at district No. 3, in Boyle county; 
because of the same reason as last above named. 

9. Henry White—who voted at district No. 3, in Boyle county; 
because of the same reason as last above named. 

10. Abel Reeves—who voted at precinct No. 3, in Boyle county; 
because of the same reason as last above named. 

11. Samuel Goode—who voted in district No. 1, of Boyle county; 
because of the same reason as last above named. 

12. James Brennan—who voted in district No. 1, of Boyle county; 
because he is a foreigner, and not a citizen of the United States. 

13. John Haggin—who voted at district No. 2, of Boyle county; 
because of the same reasons as the last above named. 

14. William Staley—who voted at same place ; because of same 
reason as last above named. 

15. Michael Maho—who voted at same place, and because of same 
reasons as last above named. 

16. Patrick Conley—who voted at same place, and because of 
same reason as last above named. 

17. Frank O’Neal—who voted at district No. 4, of Boyle county, 
and because of same reason as last above named. 

18. James Fitzsimmons—who voted at same place; because of 
same reason as last above named. 

19. Hearn Gee—who voted in district No. 1, in Boyle county; 
because he is an idiot. 

1. James F. Alstott, alias Fletcher Alstott—who voted at Rolling 
Fork precinct, in Casey county ; because he was not twenty-one 
years of age. 

2. Michael McCarty—who voted at same place as last above named; 
because he was a foreigner, and not a citizen of the United States. 

3. Isaac Roaten—who voted at Liberty precinct, in Casey county; 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

4. James Wilson—who voted at Liberty precinct, in Casey county; 
because of the same reasons as last above named. 

5. J. E. King—who voted at the Jenkins district, in Casey county; 
because he was not 21 years of age. 

6. John Henry Bryant—who voted at the Rolling Fork precinct, in 
Casey county; because he was indicted, convicted, and sentenced to 
the penitentiary from said county for felony, and served his time out 
in the penitentiary, and was thereby legally disfranchised. 

7. Martin B. Blevins—who voted at the Tate district, in Casey 
county; because he was not a resident of said district for the time 
required by law; he was, in fact, a resident of the Jenkins district. 

8. Commodore Minor—who voted at the Rolling Fork precinct, in 
Casey county; because he had, before the election, removed to Marion 
county, and was not a resident of the county in which he voted. 


KENTUCKY CONTESTED ELECTION. 


201 


1. Thomas Stockton—who voted in district No. 4, Clinton county; 
because he was not a resident in the State, county, or precinct in 
which he voted for the time required by law. 

2. James Johnson, jr.—who voted in district No. 1, Clinton county; 
because he resided in district No. 4 of said county. 

3. John Lemans—who voted in district No. 3, Clinton county; 
because he was under 21 years of age. 

4. John Hughes—who voted at district No. 2, Clinton county; 
because of the same reason as last above named. 

5. Elijah Brown—who voted in district No. 5, same county, and 
for the same reason as last above named. 

6. John Guthrie—who voted in district No. 1, Clinton county; 
because he lived at the time in district No. 3 of said county. 

7. S. J. Yance—who voted in district No. 5, Clinton county; 
because he lived at the time in district No. 4 of said county. 

8. Joshua Birdwell—who voted in district No. 2, Clinton county; 
because he lived in district No. 1 of said county. 

9. George Wilkerson—who voted in district No. 2, Clinton county; 
because he was a foreigner, and not a citizen of the United States. 

10. John Travis—who voted at same place as last above named, 
and because of same reasons. 

11. David Gwinn—who voted at the Albany district, Clinton 
county; because he lived at the time in the Hays district of said 
county. 

12. James Hare—who voted in district No. 3, Clinton county; 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

13. Calvin Givens—who voted at the Albany district, Clinton 
county; because he is non compos mentis , or, in other words, an idiot. 

14. Frederick Greir—who voted at the Piney Woods district, 
Clinton county; because he is a foreigner, and not a citizen of the 
United States. 

1. Samuel Sparks—who voted at Burksville precinct, Cumberland 
county; because he was not a resident of the State, county, or pre¬ 
cinct in which he voted for the time required by law. 

2. James H. Bird—who voted at same place, and for same reasons 
as last above named. 

3. Henry Smith—who voted at same place, and for same reasons 
as last above named. 

4. John Niel—who voted at same place, and for same reasons as 
last above named. 

5. Ben. Farmer—who voted at same place, and for same reasons 
as last above named. 

G. G. J. Furkin—who voted at same place, and for same reasons 
as last above named, and because he lived at the time in the Elliott 
district of said county. 

7. John Wright—who voted at same place, and because he was 
not a resident of the State, county, or precinct in which he voted for 
the time required by law. 


202 


KENTUCKY CONTESTED ELECTION. 


8. J. W. Poulsen—who voted at Kettle Creek precinct, Cumber¬ 
land county; because of the same reasons as last above named. 

9. Jacob Dulworth—who voted at same place, and for same reasons 
as last above named. 

10. A. J. Wilkerson—who voted at Whetstone district, Cumber¬ 
land county; because he resided at the time in Adair county. 

11. John Cooksey—who voted at same place; because he resided 
at the time in Clinton county. 

12. John Johnson—who voted at the Kettle Creek precinct, Cum¬ 
berland county; because he was not 21 years of age. 

13. Henry Givens—who voted at the Whetstone precinct, Cum¬ 
berland county; because he had not been a resident of the State, 
county, or precinct in which he voted for the time required by law. 

14. James Smith—who voted at the Kettle Creek precinct, Cum¬ 
berland county; because he had not been in the State or county the 
time required by law, and because he was at the time a resident of 
Tennessee. 

15. Alfred Scott—who voted at same place, and for same reasons 
as last above named. 

16. John Powell—who voted at the Elliott district, same county; 
because he was not a resident of the State, county, or district in 
which he voted for the time required by law. 

17. Humphrey Krider or Crider—who voted at the Elliott district, 
Cumberland county; because he was not 21 years of age. 

1. Sam. Powell—who voted at Stanford, Lincoln county; because 
he was not a resident of the State, county, or precinct in which he 
voted for the time required by law. 

2. John Severance, jr.—who voted at Crab Orchard precinct, 
Lincoln county; because he was not at the time a resident of the 
county or precinct in which he voted. 

3. Stephen Blankenship—who voted at same place as last above 
named; because he was at the time a resident of the Walnut Flat 
district. 

4. J. T. Waterhouse—who voted at same place as last above 
named; because he had not been a resident of the State, county, or 
precinct in which he voted for the time required by law. 

5. G. Payne—who voted at Crab Orchard precinct, Lincoln county; 
because of the same reasons as last above named. 

6. Wesley Davis—who voted at same place, and because of same 
reasons as last above named. 

7. Stout Higgins—who voted at the Walnut Flat precinct, in Lin¬ 
coln county; because he had lost his citizenship in said district, and 
because he had not been in the State, county, or district in which he 
voted for the time required by law. 

8. William Sylar—who voted at Waynesburg, in Lincoln county ; 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

9. James Stout—who voted at same place, and because of same rea¬ 
sons as last above named. 


KENTUCKY CONTESTED ELECTION. 203 

10. Zach. Cook—who voted at same place, and because of same 
reasons as last above named. 

11. Levi Cotton—who voted at Turnersville precinct, in Lincoln 
county; because he was not a resident of said precinct, and because 
at the time he actually lived in Casey county. 

12. Cornelius Campbell—who voted at Hustonville, in Lincoln 
county; because he was a foreigner, and not a citizen of the United 
States, and not a resident of the State, county, or precinct in which 
he voted for the time required by law. 

13. John Sherron or Sherrondon—who voted at same precinct as 
last above named; because he was not 21 years of age. 

14. Charles McWilliams—who voted at same precinct as last above 
named; because he was not a resident of the county or precinct in 
which he voted for the time required by law, and because he was at 
the time a resident of Fayette county, Kentucky. 

15. Adam Petree—who voted at Crab Orchard, in Lincoln county; 
because he was not 21 years of age. 

16. Jesse Hoythe—who voted at Waynesburg, in Lincoln county; 
because he had, before the election, removed to Rockcastle county, 
and was not a resident of the precinct in which he voted. 

1. S. E. Reed—who voted at Creelsboro’district, in Russell county; 
because he had not been in the State, county, or precinct the time 
required by law. 

2. James M. Luster—who voted at same place; because of same 
reasons as last above named. 

3. Silas alias Cyrus Collins—who voted at same place, and because 
of same reasons as last above named. 

4. Albert McDowell—who voted at precinct No. 1, in Russell county; 
because he was at the time a resident of precinct No. 2, in said 
county. 

5. William Sharp—who voted in Jamestown precinct, in Russell 
county; because he was not at the time a resident of said precinct. 

6. Elijah Low—who voted at Wolf Creek precinct, in Russell county; 
because he had not been a resident of the State, county, or pre¬ 
cinct for the time required by law. 

7. Lindsey Brummett—who voted at Lairsville precinct, in Russell 
county; because he lived at the time in Clinton county. 

8. James P. Miller—who voted at Creelsboro’, in Russell county; 
because at the time he was a resident of Adair county. The acts of 
the general assembly of the State of Kentucky for 1825, make the 
house in which said Miller resides in Adair county.—(See pages 40 
and 41.) 

9. Allen Bybee—who voted at Creelsboro\ in Russell county; be¬ 
cause he was at the time a resident of Clinton county. 

1. William Redding—who voted at Saloma precinct, in Taylor 
county; because he had not been a resident of the State, county, or 
precinct the time required by law, and because he refused to be 
sworn. 


204 


KENTUCKY CONTESTED ELECTION. 


2. William Sullivan, jr.—who voted at same place, and for the first 
reason last above named. 

3. James H. Ratliffe—who voted at the Little Pinchem district, in 
Taylor county; because of the same reason last above named. 

4. Frank Rhodes—who voted at Mannsville district, in Taylor 
county : because he was not 21 years of age. 

5. Marion Peterson—who voted at Campbellsville precinct, in Tay¬ 
lor county; because he had not been a resident of the State, county, 
or precinct for the time required by law. 

6. Milton Simpson—who voted at Little Pinchem precinct, in Tay¬ 
lor county; because of the same reasons as last above named. 

7. Henry ShafFner—who voted at same place last above named; 
because he was not 21 years of age. 

I deny that William Davis, and Jackson D. Richardson, and Wm. 
R. Cumbass, voted for you, and were so cried by the sheriff, and that 
the clerk omitted to record them for you ; but I state that the same 
were properly recorded. 

I deny that the judges and clerks of the election at the district in 
which Wiley Turner voted, erased his name and vote without just 
reason. 

I deny that the judges, without good reason, refused to receive the 
vote of Anderson Hare. 

I deny that upon the poll-books the names of Nat. Harmon, Geo. 
W. Crane, and Samuel Leffien are recorded for me; but they voted 
and are recorded for you. The vote of Nelson Pendegraft is recorded 
for me, and I state that he so voted, and that his vote was so recorded 
by the clerk at the time. 

I deny that George Jones voted for you. I state that he voted for 
me at the polls, and was so recorded. 

I deny that the poll-book of the Ireland precinct, in Taylor county, 
is improperly certified; and also deny that the officers of said precinct 
were not sworn according to law. 

I also deny that the poll-book of district No. 7, in Wayne county, 
was improperly and illegally certified. 

You are hereby notified that I shall object to, and insist upon re¬ 
jecting, the poll-book, and the votes therein recorded, of the Casey 
Creek precinct, in Casey county, because there is no certificate what¬ 
ever upon said book. At said precinct the vote stood, Anderson, 49; 
Chrisman, 95. 

I shall also object to, and insist upon rejecting, the poll-book, and 
the votes thereon recorded, of the Harmony district, in Adair county, 
because the same is not certified as required by law. At said precinct 
the vote stood, Anderson, 37; Chrisman, 230. 

I shall also object to, and insist upon rejecting, the poll-book, and 
the votes thereon recorded, of the Mannsville district, in Taylor 
county, because the same was not certified as required by law. 

I shall also object to, and insist upon rejecting, the poll-book, and 
the votes thereon recorded, of Whetstone precinct, in Cumberland 
county, because the same was not certified as required by law. 

I shall also object to, and insist upon rejecting, the poll-books of 


KENTUCKY CONTESTED ELECTION. 


205 


all the precincts in Wayne county, because they were never sealed 
up and delivered to the clerk as required by law; and if so delivered, 
were broken open before the time fixed by law. And also, because 
the said poll-books were in your possession, and inspected by you and 
your political friends, before the day fixed for the comparison of the 
polls. 

I shall object to, and insist upon rejecting, all the poll-books of 
Taylor county, because the same were not sealed and delivered accord¬ 
ing to law; and if so sealed and delivered, the seals were broken and 
the books opened before the day fixed by law for the comparison. 

I shall also object to, and insist upon rejecting, all the poll-books of 
Green county, because the same were not certified, sealed, and 
delivered according to law; and if so certified, sealed, and delivered, 
the seals were broken open on Tuesday night next after the election, 
(by your democratic friends,) and before the comparison. 

I shall insist upon counting in my favor the following votes, which 
were cast for me, and omitted to be recorded by the clerk : 

Richard Pendegraft—who voted at district No. 1, Boyle county. 

Henson Pendegraft—who voted at the same place. 

David Wells—who voted at Burksville precinct, Cumberland county. 

Bethel Compton alias B. Compton—who voted at Gradyville pre¬ 
cinct, in Adair county. 

A. J. York—who voted at district No. 3, in Clinton county. His 
name is recorded for Wm. A. Hoskins, a candidate for the State 
senate, instead of for Anderson for Congress—his name being recorded 
for Hoskins and Boles, who were both candidates for the senate. 

I shall insist upon striking from your poll, and adding to my own, 
the vote of— 

J. T. Reynolds—who voted in district No. 3, in Boyle county. He 
voted for me, and his vote, by mistake of the clerk, is recorded for you. 

James Janes—who voted at Gradyville precinct, in Adair county. 
He voted for me, and his vote, by mistake of the clerk, was recorded 
for you. 

Cyrus Judd—who voted at the White Oak district, in Adair county. 
He voted for me, and his vote, by mistake of the clerk, was recorded 
for you. 

I "shall insist upon striking from your poll the vote of— 

Samuel M. Baker—who voted at Columbia, in Adair county. He 
voted for me, and his vote, by mistake of the clerk, was recorded for 
you and me both. 

M. Rhyne, F. L. Thomas, A. Polston, Ben. Austin, J. C. Williams, 
J. C. Cundiff, W. S. Baldock, W. J. Jones, Bird Russell, J. Abshear— 
all of whom voted at the Tate precinct, in Casey county, and their 
votes are recorded for you and me both, when they all voted for me. 

William Curry—who voted at Columbia, in Adair county. He 
voted for me, and his vote, by mistake of the clerk, was recorded for 
you. 

I shall insist upon adding to my poll the names of the following 
voters, who were legal voters, and offered to vote, and were impro¬ 
perly and illegally rejected by the judges of election : 


206 


KENTUCKY CONTESTED ELECTION. 


Charles B. Kirkland—who offered to vote at precinct No. 1, in 
Boyle county. 

B. W. Moss—who offered to vote at precinct No. 2, in Boyle county. 

Isaac F. Keys—who offered to vote at Greensburg, in Green county. 

I shall also insist upon excluding the votes of the following named 
persons, who were permitted to vote after the time fixed by law for 
closing the polls, and after the polls had closed: 

Frank Delaney—who voted at Crab Orchard precinct, in Lincoln 
county. 

William Griffin—who voted at same place. 

John Shelton, alias Chilton—who voted^at Jamestown precinct, in 
Bussell county. 

I shall insist upon adding to my poll the votes of the following 
named persons, who voted for me, and were so recorded, and their 
votes stricken from the books by the judges of election, after said 
voters had left the polls, and were not recalled, and without their 
consent or approbation: 

Archibald Sidwell—who voted in district No. 4, Clinton county. 

Jesse Sidwell—who voted in district No. 1, same county. 

W. A. Ellis—who voted at district No. 4, same county. 

I shall insist upon rejecting the third page of the poll-book of pre¬ 
cinct No. 5, in Bussell county, because the same was not signed by 
the clerk as required by law; on that page the vote stood, Chrisman, 
18; Anderson, 9. 

I shall also insist upon striking from your poll the vote of Wm. B. 
Bowman, alias “Wm. Bowman, 77 who voted in district No. 2, Boyle 
county, because said Bowman gave no vote in the congressional race, 
and by mistake of the clerk, his vote has been recorded for you. 

I shall also insist on striking from your poll the vote of— 

G. B. Taught—who voted at the Somerset district, in Pulaski 
county; because the vote of the said Taught was recorded, by mistake 
of the clerk, for you and myself both, when he voted for me. 

I shall also insist upon rejecting the poll-book, and the votes thereon 
recorded, of the Bent district, in Pulaski county, because three of the 
officers who held the election in said district were of the same politics 
with yourself, and opposed to me in politics; when, by the laws of 
Kentucky, there should have been an equal division of officers if they 
could be found in the district; and I allege that there were enough 
voters residing in the district who agreed with me in politics to 
have filled said offices. I state that Joseph Bandall, a judge; Greenup 
Meese, sheriff; and Willis J. Stogsdell, clerk of said district, are all 
-democrats, and agree with you in politics, held said election at said 
district, and at the district the vote stood, Chrisman, 68, and Ander¬ 
son, 2. 

I shall also insist that the vote of Frank Harrison, who voted at the 
Somerset precinct, in Pulaski county, be so changed as to give his 
vote to me alone. By a mistake of the clerk, he is put down as having 
voted for me and you both, when he voted for me alone. 

You claim that at the Kettle Creek precinct, in Cumberland county, 
that a mistake of ten votes was made to your prejudice. If you re- 


KENTUCKY CONTESTED ELECTION. 


207 


ceive the benefit of such pretended mistake, and I deny that such a 
mistake was made, I shall claim that the whole vote of Kettle Creek 
precinct be rejected; because the vote of said precinct, or a large 
portion thereof, was recorded by one C. C. Hughes, who was not the 
clerk of said election, and had no authority to act as such. 

I also claim that my actual majority from the county of Boyle was 
490 votes, when, according to the returns sent to Frankfort, it was 
486, and so counted in the returns. 

In the account sent to Frankfort from the county of Adair, the 
majority against me was 550, when the actual majority was only 549. 

There are other mistakes to my prejudice, as I will show by the 
proof. According to the laws of Kentucky, voting has to be done viva 
voce , and clerks of elections may, and actually do, make mistakes, and 
many have been mnde to my prejudice. The democracy regard every¬ 
thing fair in politics, and after you have been defeated you ought to 
have submitted. Because frauds have been heretofore perpetrated 
by your party in elections, and men defeated when they were fairly 
elected, is no reason that you should now claim my seat. I therefore 
say you cannot chisel me out of my seat, to which I am fairly and 
honestly elected. 

The treasury at Washington is empty, and will doubtless be if 
Buchanan democracy is continued in power. I am informed, and 
shall insist upon, and expect to prove, that you have said that you 
did not desire to contest my seat, but some of your party forced you 
to do it; but even if defeated in Congress, you would get the mileage 
and compensation anyhow. 

1. John Ping—who voted at the Dallas district, in Pulaski county ; 
because he had not been a resident of the State, county, or district 
for the time required by law. 

2. William Thompson—who voted at the Dallas district, in Pulaski 
county; because he was not 21 years of age. 

3. William Pierce—who voted at the Harrison district, in Pulaski 
county; because he was not 21 years of age. 

4. David Sadler—who voted at the Harrison district, Pulaski county; 
because he was not a resident for the time required by law; in fact, 
he was a resident of Logan county, Kentucky, at the time of said 
election. 

5. Leroy Whitiss—who voted at the Gaines district, in Pulaski 
county; because he was not 21 years of age. 

6. Samuel Garland—who voted at the Point Isabel district, in Pu¬ 
laski county; because he had been indicted, convicted, and sentenced 
to the penitentiary for felony, from W liitley county, Kentucky, and 
served his time out therein, and was thereby, by law, disfranchised. 

7. Erased. . . 

8. Eli Dykes, jr.—who voted at the Somerset district, m Pulaski 
county; because he was a resident of the Bent district, Pulaski county, 

at the time of said election. , . . 

9. John L. Logan—who voted at the Harrison district, in Pulaski 
county; because he was not a resident of the State, county, or district 
for the time required ^by law. 


208 


KENTUCKY CONTESTED ELECTION. 


10. Samuel Thacker—who voted at the Juggernaut district, in 
Pulaski county ; because he had been indicted, convicted, and sen¬ 
tenced to the penitentiary, and served his time out therein, and was 
thereby disfranchised. 

11. Wesley Neal—who voted at the Buncombe district, in Pulaski 
county; because he was not a resident of the State, county, or district 
for the time required by law. 

12. Norris Williams—who voted at the Bent district, in Pulaski 
county; because he was not a resident of the State, county, or district 
for the time required by law. 

13. Washington Reynolds—who voted at the Bent district, in Pu¬ 
laski county; because of the same reason as last above stated. 

14. James Parton—who voted at the Harrison district, in Pulaski 
county; because he was not 21 years of age. 

15. John Elder—who voted at the same district for the same reason 
as above. 

16. Pleasant Jeffries—who voted at the Juggernaut district, in 
Pulaski county; because he was a foreigner, and not a citizen of the 
United States. 

17. Thomas Jenkins—who voted at the same district, and for the 
same reason as above. 

18. Henderson Angell—who voted at the same district; because 
he was not a resident of the State, county, or district for the time 
required by law. 

19. Patrick Doyle—who voted at the same district; because he was 
not a resident of the State, county, or district for the time required 
by law. 

20. Samuel Hansard—who voted at the same district; because there 
is no such voter living in said district. 

21. John Davis—who voted at the Somerset district, Pulaski county; 
because he was not 21 years of age. 

22. Wm. Burton, son of Benj. Burton—who voted at the Gaines 
district, Pulaski county; because he was not 21 years of age. 

23. Dunny Lustre, son of Jesse Lustre—who voted at the same 
district, and for the same reason. 

24. J. J. Smiley—who voted at the Grundy district, Pulaski county; 
because he was not a resident of the State, county, or district for the 
time required by law. 

25. Emerson Strunk—who voted at the Texas district, Pulaski 
county, because he was not 21 years of age. 

26. Joseph Keith—who voted at the same district, and for the 
same reason. 

27. Daniel Chitwood—who voted at the same district; because he 
was not a resident of the State, county, or district for the time re¬ 
quired by law. 

28. Jonathan Abbott—who voted at the same district, and for the 
same reason. 

29. John Brown—who voted at the same district, and for the same 
reason. 


KENTUCKY CONTESTED ELECTION. 209 

30. Elijah Burton—who voted at the Gaines district, Pulaski 
county ; because he was not 21 years of age. 

1. Samuel Chaney—who voted at the district No. 5, in Green 
county ; because he was not 21 years of age. 

2. Isaac Hartfield—who voted at district No. 4, in said county ; 
because he was a foreigner, and not a citizen of the United States. 

3. Samuel Bennett, jr.—who voted in the same district last named; 
because he was not a resident of the State, county, or precinct for 
the time required by law. 

4. Daniel Sullivan, sen.—who voted at the Greensburg precinct; 
because of the same reasons last above named. 

5. Selden Renfro—who voted at district No. 5, in Green county ; 
because of the same reasons last above named. 

6. Thos. Elmore—who voted at district No. 4, in Green county; 
because he was not 21 years of age. 

1. George W. St. Johns—who voted at district No. 1, Wayne county; 
because he was not a resident of the State, county, or precinct for 
the time required by law. 

2. William Boston—who voted at district No. 1, of said county ; 
because he was not a resident of the county or district for the time 
required by law. 

3. Charles Mitchell—who voted at the same place ; because he has 
not been a resident of the State, county, or district for the time re¬ 
quired by law. 

4. E. B. Jones—who voted at the same district; because he is a 
foreigner, and not a citizen of the United States, nor a resident of 
the State, county, or district the time required by law. 

5. J. J. Shepperd—who voted at the same district; because he was 
not a resident of the State, county, or precinct for the time required 
by law. 

6. Henry Greer—who voted at the same district; because he is a 
foreigner, and not a citizen of the United States. 

7. A. K. Russell—who voted at the same district; because he was 
not a resident of the State, county, or district for the time required 
by law. 

8. James Low—who voted at the same district; because he was not 
a resident of the State, county, or precinct for the time required by 

law. ... 

9. E. F. Waller—who voted at the same district; because he was 
not a resident of the State, county, or district for the time required 

by law. . . 

10. Henry Martin—who voted at the same district; because he is 
a foreigner, and not a citizen of the United States. 

11. Andrew Henry—who voted at the same district; because he is 
not 21 years of age. 

12. John Chris well—who voted at the same district; because he 
was not a resident of the county or district for the time required by 
law ; in fact, he is a resident of Clinton county, Kentucky.. 

H. Mis. Doc. 11-14 


210 


KENTUCKY CONTESTED ELECTION'. 


13. G. B. Vaughn—who voted at the same district; because he is 
not a resident of the district. 

14. Shelby Thomas—who voted at the same district; because he is 
not 21 years of age. 

15. Charles Orman—who voted at the same district; because he is 
a foreigner, and not a citizen of the United States. 

16. George Smith—who voted at the same district; because he is 
not 21 years of age. 

17. William Terry—who voted at the same district; because he 
was not a resident of the county or district; in fact, he was a resi¬ 
dent of Bussell county at the time of the election. 

18. George Arthur—who voted at the same district; because, after 
he had voted for me, and left the polls, his name was erased from the 
poll-books. 

19. J. McBlack—who voted at the Mill Springs, in Wayne county; 
there is no such voter in the district. 

20. Seaburn Crutchfield—who voted at the Mill Springs district, in 
Wayne county ; because he was not a resident of the county, State, 
or district for the time required by law; in fact, he is a resident of 
Kansas Territory, and voted, or said he voted, in said Territory; and 
further, because he is not entitled to vote in Kentucky, or anywhere 
else, he being under 21 years of age. 

21. Thomas Butherford—who voted at the same district; because 
he is not 21 years of age. 

22. Marion Stevenson—who voted at the same district; because 
he is not a resident of the county or district for the time required by 

law. 

23. Thomas Mus—who voted at the same district; for the reasons 
last above named. 

24. Wm. Scantland—who voted at the same district; because he 
is not 21 years of age. 

25. Sam’l Pennington—who voted at the same district; because 
he was not a resident of the State, county, or district for the time 
required by law. 

26. John Fredricks—who voted at the same district; because he is 
a foreigner, and not a citizen of the United States. 

27. James Daus—who voted at the same district; because he is 
not a resident of the county or district; in fact, he is a resident of 
Pulaski county. 

28. Wm. Dobkins—who voted at the same district; because he 
was not a resident of the State, county, or district for the time re¬ 
quired by law. 

29. H. P. Jones—who voted at the same district; because he was 
not a resident of the county or district for the time required by law. 

30. S. A. Hutchinson—who voted at the same district; because he 
is not 21 years of age. 

31. Wm. Weaver—who voted at the same district; because, after 
he had voted, and several other voters had voted after him, he had 
his vote recorded for you, he not having voted for you when he first 


KENTUCKY CONTESTED ELECTION. 211 

cast his vote for the other democratic candidates for the various 
offices of the State, &c. 

32. William Foster, jr.—who voted in Mill Spring district; because 
he is under 21 years of age, and not a resident of the district, as re- 
quired by law. 

33. George Payne—who voted at the same district; because he is 
an idiot. 

34. F. M. Marcum—who voted at the same district; because after 
he had recorded his vote for me, and had left the polls, his name was 
erased from the poll books, so far as his having voted for me. 

35. Thomas Simpson—who voted in Mill Spring district, in Wayne 
county; because he was under 21 years of age. 

36. Alberry Shoat—who voted at the Edwards district, in Wayne 
county; because he was not a resident of the county for the time re¬ 
quired by law. 

37. Emerson Hancock—who voted at the same district; because he 
was not 21 years of age. 

38. Wm. Rule—who voted at the same district; for the same reason 
last stated. 

39. Shelby Denny—who voted at the same district; for the same 
reason last stated. 

40. Wm. Carter—who voted at the same district; because he was 
not a resident of the State, county, or district for the time required 
by law. 

41. Granville Morgan—who voted at the same district; because he 
is not 21 years of age. 

42. C. F. Kidd—who voted at the same district; because he was 
not a resident of the State, county, or precinct for the time required 
by law. 

43. John Sloan, jr.—who voted at same place; because of the rea¬ 
sons above named. 

44. Berry Shoat—who voted at the same place; because of the 
reasons above named. 

45. Andrew Hill—who voted at the South Fork district, in Wayne 
county; because he was not 21 years of age. 

46. Granville Spradlin—who voted at the same place; because he 
was not 21 years of age. 

47. William Brewster—who voted at the same place; because he 
was not a resident for the time required by law. 

48. Peter Phipps—who voted at the same place; he only voted for 
W. A. Hoskins, a candidate for the State senate; he did not vote in 
the congressional race, and his vote, since the polls were returned, 
has been put down for Chrisman. 

49. Patten Foster—who voted in district No. 7, Dobbsville; because 
he was not a resident for the time required by law. 

50. William King—who voted at the same place; because he was 
not 21 years of age. 

51. James Davis—who voted at same place; because he was not a 
resident for the time required by law. 

52. Frank Winchester—who voted at the same place; because of 
the reasons last above named. 


212 


KENTUCKY CONTESTED ELECTION. 


53. Hiram Troxdall—who voted at the same place; because he was 
not 21 years of age. 

54. Bryant Thurston—who voted at the Mullentown district, Wayne 
county; because he was not 21 years of age. 

55. Granville Shoat—who voted at the same place; because he was 
not a resident for the time required by law. 

56. William Kennedy—who voted at the Sinking district, in Wayne 
county; because he was not a resident for the time required by law. 

57. Isaac Mason—who voted at same place; because he is not a 
legal voter. 

58. Stephen Loveall—who voted at same place; because he is 
under 21 years of age. 

59. Gideon Loveall—who voted at same place; because he is not 
a legal voter. 

60. Christopher Jones—who voted at same place; because he is 
not 21 years of age. 

John Honey—who voted at Mullentown, not having been a resident 
of the district, State, or county the time required by law. 

I have denied the charges in the paragraphs named, and may have 
omitted to speak of some special charges in your pretended notice. 
If so, I hereby deny them. But I do admit that Abraham Monroe, 
whose vote you challenged, as I suppose, was not a legal voter; for if 
you will examine the poll-books, you will find that said Monroe voted 
for you, and is recorded and counted. 

You have also challenged the vote of James Lair. The said Lair 
voted for you and is so recorded, but the same is illegal; and I there¬ 
fore admit that as he voted for you his vote is illegal. 

I have been persecuted by the leaders of the democratic party, and 
my seat in the Congress of the United States has been contested; 
but I expect to prove, and will prove, before said Congress, that I am 
honestly, fairly, and legally elected to that position ; and I will state, 
that in the discharge of the high duty, as the representative from the 
fourth congressional district of Kentucky, endeavor to so act, as to 
meet with the confidence and respect of my constituents. The war¬ 
worn veteran, the children of the country, the widow, the orphan, 
shall, so far as my feeble efforts are concerned, be fully rewarded. 

W. C. ANDERSON. 

Executed the within upon James S. Chrisman, (the within named,) 
by delivering to him a true copy hereof on the 10th day of October, 
1859, in the town of Monticello, Wayne county, Kentucky. 

F. BATES, S. W. C. 

By L. P. BAKER, D. 8. 


EXHIBIT C. 

On the 15th day of November, 1859, at the court-house in the town 
of Jamestown, Russell county, Kentucky, before William M. Green, 
presiding judge of the Russell county court, I shall take the depositions 
of E. McFall, William Wilburn, James Sullivan, John Sullivan, J. 
C. Winfrey, Thomas Grider, J. E. Grider, C. C. Burton, L. H. 



KENTUCKY CONTESTED ELECTION. 


213 


Russian, Clayton Ellis, Elijah Coffey, T. L. Wood, B. Holt, Lewis 
Sharp, Win. Johnson, J. G. Scholl, W. H. Haynes, Elias Dunbar, 
Ohesley Muse, James Fox, James Grider, James Miller, James Dun¬ 
can, Geo. Ryan, H. Campbell, Wm. Jones, Seth Wade, Samuel 
Jeffries, Solomon Mills, James P. Floyd, W. S. Patterson, George 
Matney—all of which witnesses now reside in the county of Russell 
and State of Keutucky. 

W. C. ANDERSON. 

James S. Chrisman. 

The additional list is Allen Grider, A. Satterfield, S. H. Satterfield, 
Paul Poison, sr., James E. Wilson, Robert Blakey. 

W. C. A. 

The deposition of Isaac G. Scholl, taken at the court-house in the 
town of Jamestown, Russell county, Kentucky, on the 15th day 
of November, 1859, to be read as evidence before the House of Repre¬ 
sentatives of the Congress of the United States in the matter of con¬ 
troversy between James S. Chrisman and William C. Anderson, 
wherein said Chrisman is contesting the right of said Anderson to a 
seat as representative in the Congress of the United States from the 
fourth congressional district of Kentucky. Witness, being of lawful 
age, and first duly sworn, says : 

Interrogatories by W. C. Anderson’s attorney : 

I know John Chilton when I see him ; he voted at Jamestown, 
Russell county, Kentucky, for James S. Chrisman at the late August 
election ; when he came in to vote it was late ; I was at the polls and 
saw him vote ; I went immediately across the square to Mr. H. Camp¬ 
bell’s, and by his clock it was twenty-eight minutes past 7 o’clock ; I 
went then to Lewis Jones’ store and examined his watch, and it was 
either half-past 7 o’clock or twenty-five minutes past 7 o’clock ; the 
voting place was at the court-house ; it is about twenty-five or thirty- 
five steps to Campbell’s from there ; Campbell’s family room to Jones’ 
is about the same distance. 

Cross examined by J. S. Chrisman 1 s attorney . 

There was some jawing at the polls about Chilton’s vote ; I do not 
think I was present when Chilton came to the polls to vote ; it was 
some fifteen or twenty minutes after I got there before he voted; I 
think I looked; my opinion was, that the sun was down when he 
voted ; I saw the sun a few minutes before that; I was satisfied the 
gun was down when he voted ; I had seen the sun a short time be¬ 
fore, and it seemed to me that it was getting something like dusk 
when he voted. And further this deponent saith not. 

J. G. SCHOLL. 

Also the deposition of Elias Dunbar, taken at the same time and 
place as the deposition of J. G. Scholl, and for the same purpose as 
stated in the foregoing caption to the deposition of said Scholl. The 
deponent, being of lawful age, and first duly sworn, deposeth and says. 


214 


KENTUCKY CONTESTED ELECTION. 


Questioned by W. C. Anderson’s attorney : 

I was clerk of the election at precinct No. 1, at Jamestown, Russell 
county, Kentucky, at the last August election ; a man named John 
Chilton presented himself to vote ; I do not know the time of day; 
the judges had decided that the time of voting was out; the judges 
had all voted ; the vote had been added up and I had signed my 
name to the poll-hook before he presented himself to vote ; at the time 
the judges decided to close the polls we had only the last half page of 
the poll-hook to add up ; objection was made to his vote when he pre¬ 
sented himself, because the time of day had passed for taking votes.; 
from the time he presented himself to vote until his vote was taken it 
was, I suppose, between ten and fifteen minutes. 

Cross-examined by J. S. Chrisman’s attorney. 

I signed my name at the foot of each page after the last vote on 
each page was cast, except on the last page ; the judges had decided 
that the time for voting was passed, and I had signed my name to 
that page before Chilton came in to vote ; my name as clerk is signed 
on the poll-hook below that of Chilton’s, directly under and in the 
next line, and my name as a voter is signed in the line just above 
Chilton’s; there were.only twelve votes to add up, and twenty-two 
columns to add up after the judges had decided to close the polls, and 
ten votes in eleven columns and two votes in eleven of the columns. 
And further this deponent saith not. 

ELIAS DUNBAR. 

Also the deposition of Hiram Campbell, taken at the same time and 
place, and for the purpose as stated in the caption of J. G. Scholl’s 
deposition. The deponent, being of lawful age, and first duly sworn, 
deposeth and says: 

Questioned by W. C. Anderson’s attorney: 

I know John Chilton who voted in precinct No. 1, at Jamestown, 
Russell county, Kentucky, at the last August election ; I was not 
present when John Chilton presented himself to vote ; I left home 
at three or four minutes before 7 o’clock by my watch ; I came over to 
get a statement of the polls ; was some several minutes at the polls ; 
they were adding up the vote ; I saw nor heard nothing of Chilton’s 
having presented himself at the polls to vote up to that time ; I heard 
of his voting afterwards ; I think Mr. Scholl was at my house after 
my watch ; I cannot say whether it was after I left the polls or before 
I went to them ; when I left the court-house I looked for the sun and 
I could not see it. 

[Objected to by Mr. Chrisman’s attorney to Mr. Campbell’s state¬ 
ment of hearing of Chilton’s voting.] 

Cross-examined by Chrisman’s attorney. 

I do not know that my watch was precisely right. I know that it 
was very nearly right. I do not know whether Mr. Chilton voted be¬ 
fore or after I went to the polls. And further this deponent saith not. 

HIRAM CAMPBELL. 


KENTUCKY CONTESTED ELECTION. 


215 


Also the deposition of Archibald Satterfield, taken at the same time 
and place, and for the same purpose as stated in the caption to th^ 
foregoing deposition of Isaac Q-. Scholl. The deponent, being of lawful 
age, and first duly sworn, deposeth and says : 

I am the father of Preston Satterfield and am acquainted with him. 
He voted at the last August election at precinct No. 1, in Jamestown, 
and voted for W. C. Anderson. My best recollection is, that he was 
twenty-one years old the 14th day of July last. I had a Bible record 
of his age, which was at my son Shirnal’s. I have not seen it lately; 
the Bible is not at my house. 

Cross-examined by J. S. Chrisman's attorney. 

Says he does not recollect whether N. B. Stone called on him to 
know the age of his son Preston or not; it is possible he did. I think 
I informed him since the election that he (Preston) was twenty-one 
years of age. I told him I had his age recorded in a Bible at home. 
I then thought the Bible was at home, but when I came to look for it 
it was not there, but up at Shirnal’s. He asked me for the privilege 
of going up to my house and looking at the Bible. I told him the 
Bible was locked up ; he asked me for the key, and I think I refused 
to let him have it. I recollect distinctly that I did put his name 
down in the Bible. Since I had the conversation with N. B. Stone, I 
have been informed by my son Shirnal that the leaf upon which his 
name was entered in the Bible was torn out. And further this depo¬ 
nent saith not. 

A. SATTERFIELD. 

Also the deposition of Shirnal H. Satterfield, taken at the same time 
and place, and for the same purpose as stated in the foregoing deposi¬ 
tion of J. G-. Scholl. The deponent, being of lawful age, and first duly 
sworn, deposeth and says, in answer to questions by W. C. Ander¬ 
son’s attorney : 

lam the brother of Preston Satterfield. My best recollection is, 
that he was twenty-one years of age in July last. I speak from my 
own knowledge of his age. I will be thirty-six years of age January 
the 31st next. I have seen a record of E^reston’s age in the Bible, in 
my father’s handwriting. The Bible is now at my house. The leaf 
upon which Preston’s age was recorded was torn out by my oldest 
daughter about three years since. I kept the leaf loose in the Bible 
over a year, and have not seen the leaf since. I have had the Bible 
in my possession six or seven years. My mother gave me the Bible, 
and I took it with me when I moved to where I now live. 

Cross-examined by J . S. Chrisman's attorney. 

I am thirty-six years old next January. There were four children 
between me and Preston. James, I think, was born in September, 
1835. He is older than Preston, and there was no child between him 
and Preston. Preston, I think, was born in 1838. James’ name i3 


216 


KENTUCKY CONTESTED ELECTION. 


not. in the Bible ; his, Preston’s, Sarah Margaret’s, and the death of 
William, who was older than me, are torn out of the Bible. Mine, 
William’s, Alsiam, and Susan’s ages are still there recorded. The 
ages of the four oldest are not torn out. The ages of the four youngest 
are torn out. My recollection of Sarah Margaret’s age is, that she 
was born in 1842, and she was the next child to Preston, and the last. 
And further this deponent saith not. 

S. H. SATTERFIELD. 

By consent, Archibald Satterfield recalled, and, in answer to ques¬ 
tions of J. S. Chrisman’s attorney, says : 

I do not recollect telling either of the Mr. Joneses since the election 
that I had examined the Bible and found that Preston was twenty-one 
years old on the 14th of July. I might have done so. 1 think the 
way was, that I told them I had his age in the Bible, and that he was 
twenty-one on the 14th of July; and when I came to look for the Bible 
I found I had not the Bible. I do not recollect telling any one that I 
had examined the Bible since the election. 

Question by J. S. Chrisman’s attorney. Have you or have you not 
told or said to William Jones, or some of the Joneses, that you had 
examined your Bible after the election, and found your son Preston’s 
name recorded therein, and his age set down in the same. 

Answer. I no not recollect having done so. I might have done it, 
hut do not recollect at present. 

And further this deponent saith not. 

A. SATTERFIELD. 

Also the deposition of Allen H. Grider, taken at the same time and 
place, and for the same purpose as stated in the caption to the fore¬ 
going deposition of J. G. Scholl. The deponent, being of lawful age, 
and first duly sworn, deposeth and says, in answer to questions by 
W. C. Anderson’s attorney : 

He knows James M. Lester. He voted at Creelshurg, precinct No. 
2, of Russell county, as he told me, at the last August election. He 
hoarded at my house, and taught a school. His school was out the 
15th or 16th of July. I live in precinct No. 2. He left my house 
when his school was out, and took a suit of clothes with him. He 
came hack in a few days, and got his other colt. He only made ar¬ 
rangements to hoard with me until his school was out. He had two 
colts at my house whilst he hoarded there—the one he rode off when 
he first left, and came back in a few days and took the other. When 
he left ray house he said he was going to Sim Jones’, in district No. 
1, or the town district. At the time of the election, he was going to 
school over at Eliott’s, in the county of Cumberland. He had been 
there about a week before the election. Came up on Sunday night 
before the election to my house, and voted on Monday following. He 
went hack in a day or two afterwards to school at Eliott’s. Before he 
came to my house to keep school, I think he was living at C. S. 
Jones’. From the time his school was out until after the election in 
August he did not live at my house. He paid me up for his board, 
and paid only up to the time his school was out. 


KENTUCKY CONTESTED ELECTION. 


217 


Cross-examined by J. S. Chrisman s attorney. 

There was no arrangement or contract between me and Lester that 
he should go out to Eliott’s, and go to school six weeks, and then re¬ 
turn and board with me. He said if nothing happened he ex¬ 
pected to teach another school there that fall. Nothing was said 
about boarding at my house. Lester is a young man. His father 
and mother are both dead. I am his brother-in-law. He has no 
farm or land that I know of. He has boarded at my house for the 
last two years, during some two or three schools, and I suppose he 
boarded there or lived as much there for the last two years as any¬ 
where else. When he was not teaching school and boarding with 
me I did not consider my house his home. When he left my house 
he went to Sim Jones’. He said he was going to go to Cumberland, 
and go to school, and would come back and teach a school if he could 
get one. I suppose he left some clothes at my house when he went 
off to Sim Jones’. I did not see them. When he took his colt off, 
he said Sims Jones would pasture it for nothing, and I told him I 
could not afford to pasture it for nothing. He lived at my house 
during a five months’ school, which was out on the 15th or 16th of 
July, when he left my house, and returned in a few days and got his 
colt. When he came back he came to my house, and went round 
among the neighbors trying to make up a school, but did not succeed. 
This was after the election in August. 

Re-examined by W. C. Anderson’s attorney. 

Lester is a single man without family. During the time he boarded 
at my house he claimed Sim Jones’ as his home. Whilst his school 
was going on, and he was boarding at my house, he considered that 
as his home. Whenever his time was out, he claimed Jones’ as his 
home. It was during the time he was boarding with me, and I do 
not remember whether it was whilst he was going to school or teaching 
school. I suppose he is twenty-one years old, and do n^t know that 
he ever voted before. I know Dr. S. E. Reed. Do not know when 
he came to Russell, or where he came from. He came to my house 
this spring or last fall, and remained a few days ; was looking about 
for a place to board. He came from Sim Jones’, in Russell county. 
He went from my house to Willborn’s, in Cumberland county, and 
staid or boarded there a while. Do not know what time he came 
back to Cumberland. 


Cross-examined by J. S. Chrisman’s attorney. 

When Dr. 8. E. Reed came to my house hunting board, he told me 
he was going to settle in Creelsburg, and practice medicine. 

And further this deponent saith not. 

F ALLEN H. GRIDER. 


Also the deposition of Emberson McFall, taken at the same time 
and place, and for the same purpose as stated in the caption to the 


218 


KENTUCKY CONTESTED ELECTION. 


foregoing deposition of J. G-. Scholl. The deponent, being of lawful 
age, and first duly sworn, deposeth and says, in answer to questions 
by W. C. Anderson’s attorney : 

He knows Dr. S. E. Reed. Does not know where he voted or who 
for at the last August election. He came to Dr. W. D. Lair’s, at Louis¬ 
ville, district No. 3, Russell county, about the 1st day of September, 
1858. He staid about a month at Mr. N. McClure’s, near Louisville; 
from there, I understood, he went to Creelsburg, 

Cross-examined by J. S. Chrisman’s attorney. 

Dr. S. E. Reed came to Rowena a short time before Dr. Lair left 
this county—which was in 1857, instead of 1858. I was mistaken in 
stating he came to Louisville in 1858—it was 1857. 

Re-examined by W. C. Anderson’s attorney. 

He is acquainted with Lindsey Brummet. He voted at Louisville, 
district No. 3, Russell county. He voted for J. S. Chrisman. He 
had his clothing and washing and all his plunder at Rufus Dick’s, in 
Clinton county. He came into the bottom on the Friday before the 
election. Whether he brought his clothes or not, I do not know. 
He had had them at Dick’s, in Clinton county, for about four months 
before that time. As he told me, the bottom is in precinct No. 3. 
He told me and K. L. Sawner, and James Sullivan, on the day of 
the election, that Rowena was not his voting place. He has no house 
or permanent home where he lives, as I know of. For the last 
year or two he has lived a part of his time in Clinton and a part in 
Russell. Where he could get the most and the most liquor to drink, 
there he staid. 

Cross-examined by J. S. Chrisman’s attorney. 

When he told me that Louisville was not his voting place, he was, I 
think, more sober than I had seen him for several years. I did not 
try to get him to vote at that precinct for Anderson. I did try to get 
him to go to his precinct where he was entitled to vote and vote for 
Anderson He had not worked a day that summer in that precinct 
as I know ; if he did, it was on the Saturday before the election. He 
had worked for Mr. McWhorten in the spring, and he drove him off. 
McWhorten lives in that precinct—No. 3—Russell county. 

And further this deponent saith not. 

E. McFALL. 

Also the deposition of S. L. Wood, taken at the same time and 
place, and for the same purpose as staied in the caption to the forego¬ 
ing deposition of J. Gr. Scholl. The deponent, being of lawful age, 
and first duly sworn, deposeth and says, in answer to questions by 
W. C. Anderson’s attorney : 

He is acquainted with Dr. S. E. Reed. He voted at Creelsburg, 
precinct No. 2, in Russell county, and voted for J. S. Chrisman. He 


KENTUCKY CONTESTED ELECTION 


219 


came from Overton county, Tennessee, as he told me, and got to.this 
county three days and a half' after the August election, 1857. Just 
before the last election he told me he was not going to vote, that he 
was entitled to vote, that he had not been in the State two years, and 
that he had gone to Wilburn’s, in Cumberland county, last spring or 
fall, and lived there some time. I think he staid some time at Wil¬ 
burn’s before he set in with him to board, and he boarded then about 
four weeks ; and after he came back to Creelsburg, he kept his wash¬ 
ing some time at Mr. Wilburn’s, in Cumberland county. Dr. S. E. 
Reed has no family, and has had none since he came from Tennessee. 

Cross-examined by J. S. Chrisman's attorney. 

Cannot say where he kept his medicines whilst he boarded at Mr. 
Wilburn’s. He had his trunk at Wilburn’s. Do not know that he 
had any property in Creelsburg during that time. 

lie-examined by W. C. Anderson's attorney. 

I am acquainted with Albert McDowell. I lent him my horse to 
come to Jamestown, precinct No. 1, Russell county, to vote. He was 
at that time boarding with me at Creelsburg, precinct No. 2, Russell 
county. I think he came to my house to board in June or July, 
shortly after Mr. Lester’s school was out. He had been living at and 
boarding at my house some weeks before the August election last, and 
continued to live there until some time in September. He is a single 
man without family. 

Cross-examined by Chrisman's attorney. 

He was selling goods in Creelsburg, and had employed A. Mc¬ 
Dowell to live with him as long as McDowell wished to stay. Some 
time after, he came to my house; whether it was before or after the 
election I cannot state. I loaned him my horse and saddle-bags, I 
think he said, to go to his brothers. He did not go. I do not know 
that I heard him say where he lived before he came to my house. I 
expect he claimed his home at his brother’s. I do not know. 

I have no recollection of stating that Mr. McDowell said he was 
going home when he borrowed my horse and saddle-bags. I do not 
recollect whether he said he was going home or to his brother’s. I 
think his brother lives in Russell; I am not certain. Mr. McDowell 
came to my house—I was selling goods—and wanted to stay with me 
and learn the business. I was not to charge him anything for board, 
and was not to pay him anything for his services. There was no stip¬ 
ulation about the time he was to stay there. I loaned him a horse, 
and he said he was coming here to Jamestown to vote. He was going 
to school, and boarding with me in district No. 2, more than 60 days 
previous to the August election. He was not boarding at my house 
whilst he was going to school. I think he boarded with Mr. Massah 
a part or all the time he was going to school. When he borrowed my 
horse after the election, I think he was going to leave. I think at that 


220 


KENTUCKY CONTESTED ELECTION. 


time Butler and myself got to talking about a trade, and I sold out my 
goods to Butler and McDowell, and he did not go. I could not say 
whether my house could be considered his permanent home or not. 
He had bought my house and was going to sell goods there, as he told 
me at the time he bought my house and lots. He was to leave me when¬ 
ever he wanted to ; there was no time set. I think he had gotten some 
medicines to sell on commission before I sold them my goods. 

Re-examined by Anderson's attorney. 

Mr. McDowell has continued to live at Oreelsburg ever since he 
came to live with me, and is still there selling goods, I think. I sold 
him my storehouse in May or June, at which time he told me intended 
to sell goods there. 

And further this deponent saith not. 

T. L. WOOD. 

Also the deposition of Clayton Ellis, taken at the same time and 
place, and for the same purpose as stated in the foregoing deposition of 
J. Gr. Scholl. The deponent, being of lawful age, and first duly sworn, 
deposeth and saith : 

Questioned by W. 0. Anderson’s attorney: 

Knows Silas Collins, and have known him from a boy. He voted 
at Creelsburg, district No. 2, as I understand. About twelve months 
since I understood Collins was starting to move, and was at James 
Pierce’s. I went to Pierce’s and paid him some 70 or 80 cents I was 
owing him ; he was there, and was absent from that time until to¬ 
wards spring. 

By Anderson’s attorney. At what time was it you paid him the 70 
or 80 cents at Pierce’s, and how long after that was it before you saw 
him in Russell county again ? 

Answer. I think it was sometime in October, 1858. The best of 
my impression is, it was sometime in April before I saw him again in 
Russell. 

By same. Do you know W. F. Collins; at what precinct in Russell 
county did he vote at the last August election ; and for whom did 
he vote in the election between Mr. Chrisman and Mr. Anderson ? 

Answer. I know W. F. Collins, but do not know whom he voted for, 
or where he voted. 

By same. Do you know anything about his having gone to Missouri 
or any other place from Russell county sometime since ; and if so, 
for what purpose did he go? 

Answer. He was absent sometime back. He was working for me ; 
said his connexions were moving; asked me to let him go and see them. 
He went and did not come back to my house to work any more. 

By same. Did he have any land or other property in Russell or Adair 
counties at the time he left your home; and if so, did he sell it, 
or has he at any time sold it ? 

Answer. I do not know from my own knowledge. His father lives 
in Adair county, and he is working about from place to place. 

By same. Where has he been living since you saw him in Russell 
county last April, and where was he living at the time of the election ? 


KENTUCKY CONTESTED ELECTION. 


221 


Answer. I do not know where he lived ; I think he made a crop at 
Robert Blakey s, blit do not know; have seen him at work there sev¬ 
eral times ; Robert Blakey’s, in district No. 2, in Russell county. 

By same. Do you know James P. Miller, the sheriff of Russell 
county ; if so, do you know at what precinct he voted at the last Au¬ 
gust election, or for whom, in the race between James S. Chrisman 
and W. C. Anderson ? 

Answer. I know James P. Miller ; I did not see him vote ; he was 
acting as sheriff at the Creelsburg precinct, No. 2, in Russell county, 
when I voted. 

By same. Do you know whether or not he lives in the house known 
as the “Adam Miller houseif so, by whom was the Adam Miller 
house built, and how long ago ? 

Answer. I do not know whether he lives in the house Adam Miller 
lived in, or whether he lives in some improvement he has made, all 
combined together. I do not know who built the house Adam Miller 
lives in. I do not know when the Adam Miller house was built; I 
saw it some sixteen or seventeen years since. 

By same. Who was living in the house known as the Adam Miller 
house when you first saw it ; and how much of the house now occupied 
by James P. Miller is the old Adam Miller house; and how much is 
the improvement to it you have spoken of? 

Answer. Adam Miller himself lived there when I first saw it. I 
think there was a couple of houses, and probably three, in the old 
man’s time, which were all combined together. I cannot say what 
improvements have been made since; I think there is now probably 
four rooms. 


Cross-examined by J. S. Chrisman’s attorney. 

Question. Is or not James P. Miller, now the acting sheriff of Rus¬ 
sell county, elected by the people ; and do you know, of your own 
knowledge, whether his residence is in Russell county or not? 

Answer. I suppose he is sheriff of Russell county, and is acting as 
sheriff. I cannot say whether he was elected by the people or not. I 
do not know whether he lives in Russell county or not, of my own 
knowledge. 

And lurther this deponent saith not. 

CLAYTON ELLIS. 

Also the deposition of Lewis Sharp, taken at the same time and place, 
and for the purposes as stated in the caption of the foregoing deposi¬ 
tion of Isaac G. Sholl. The deponent, being of lawful age, and first 
duly sworn, deposeth and says : 

By Anderson’s attorney. Do you know William Sharp ? Did he 
not vote in Russell county at the last August election ; if so, in what 
precinct; for whom did he vote in the race between Chrisman and 
Anderson ? 

Answer. I know William Sharp ; I did not see him vote ; if he 
voted at all he voted at Jamestown, Russell county, Kentucky, in 
precinct No. 1. I do not know whom he voted for. 

By same. Did he or not move from Russell county out of the State 


222 


KENTUCKY CONTESTED ELECTION. 


some time since ; if so, where to, and how long since. Did he return 
to Kentucky again ; if so, when and where to ; and where was his 
home at the time of the last August election ? 

Answer. He moved to Illinois about 1844; he staid there about 
twelve months, and returned to Kentucky; he stopped in Mead county; 
remained there some two or three months; then came to Barren county, 
Kentucky ; and a few days before the election he told me his home 
was in Hart county, Kentucky. 

By same. Do you know whether he raised a crop in Hart county 
this season or last season ; if so, which ? 

Answer. He told me he raised a crop in Hart county, Kentucky, 
this year. 


Cross-examined by J. S. Chrisman’s attorney . 

Who was present when the conversation between you and William 
Sharp took place on Friday before the election ? 

Answer. I do not now recollect who was present. 

By same. Did William Sharp tell you he had raised a crop in Hart 
county, and sold it for a horse ? 

Answer. He told me he had raised a crop in Hart county this year, 
and a good crop, too ; and I heard he had traded it for a horse. 

[Answer objected to by Chrisman’s attorney.] 

By same. Are you or not deeply interested in Anderson’s success 
in this controversy ? 

Answer. I do not think I am ; no further than a man’s ability would 
admit of; I like Anderson very well as a man from the acquaintance 
I have had with him 

And further this deponent saith not. 

LEWIS SHARP. 

[Mr. Stone, attorney for J. S. Chrisman, objects to taking deposi¬ 
tions after dark, and refused to be present and cross-examine. 

W. M. GREEN, P. J, R. C .] 

Also the deposition of L. H. Roussau, taken at the same time and 
place, and for the same purpose as stated in the caption to the fore¬ 
going deposition of J. G. Scholl. The deponent, being of lawful age, 
and first duly sworijt, deposeth and says : 

By Anderson’s attorney. Are you acquainted with Albert McDowell; 
do you know in what county and precinct he voted at the last August 
election ; and if so, do you know for whom he voted in the race 
between Jas. S. Chrisman and W. C. Anderson? 

Answer. I am acquainted with Albert McDowell; I do not know 
where he voted, or who for, at the last August election. 

By same. In what precinct in Russell county was he living at last 
August election ; how long had he lived in the precinct in which he 
was then living, and where had he moved from to that precinct? 

Answer. He attended Mr. Lester’s school, in the suburbs of Creels- 
hurg, until his school was out; then he went in the store with Mr. 
Wood, in Creelsburg ; I think he attended Lester’s school all the 


KENTUCKY CONTESTED ELECTION. 


223 


time, which was a five months’ school, and it expired about the 16th 
of July ; he remained at Wood’s until the 15th or 20th of August, 
when he came to me and spoke tor a year’s board ; I do not know 
whether he had moved any of his clothing to his brother’s or not 
during that time ; I did not miss him from Creelsburg during the 
time only at the election. 

By same Does or not Albert McDowell still live in Creelsburg, 
precinct No. 2, and has he, to your knowledge, lived in any other 
precinct in Russell county since he went there to attend Lester’s 
school? 

Answer. Up to last week Mr. McDowell has been at Creelsburg, or 
in precinct No. 2, since he came there to attend Mr Lester’s school, 
and if he has lived out of that district within the time I do not 
know it. 

By same. Are or not Busten & McDowell still engaged in mer¬ 
chandising in Creelsburg, in precinct No. 2, and does not McDowell 
still own property there ; if so, what property ? 

Answer. I suppose they are ; I have not heard of any dissolution 
of the firm ; Mr. McDowell told me he was a partner in the lot, and 
also in the goods ; I do not know what interest he has. 

By same. Do you know for what purpose McDowell left Creelsburg 
last week, and do you know whether or not he still regards Creels¬ 
burg his home? 

Answer. Mr. McDowell told me he expected to teach a school this 
winter in the country, and said when he came to board with me he 
would be absent during his school if he got one ; Mr. McDowell told 
me this evening he would not be at Creelsburg until the latter part 
of this week. 

By same. Do you know Dr. S. E. Reed, and what do you know 
about his residence for a period of two years prior to the last August 
election ? 

Answer. I know Dr. S. E. Reed ; he has been residing about at 
different places ; he came to Creelsburg, I think, last spring was a 
year ago, and asked me what I would board him for ; when I saw 
him again he said he had declined coming ; he staid at Allen 
Gride’s awhile, some five or six months after he first spoke to me for 
board ; it may not have been so long; he came to Creelsburg; did 
stay there and in the vicinity awhile, and then moved down to Wil¬ 
liam Wilburn’s, in the county of Cumberland, and remained there 
awhile, I cannot say how long, and came back from Mr. Wilburn’s 
to Creelsburg, I think, sometime between the middle of June and 
1st of July, 1859. 

By same. Did Dr. S. E. Reed have any conversation with you 
about voting before the last August election ; and if so, what did he 
say ? 

Answer. Dr. S. E. Reed did have a conversation with me and Mr. 
Winfrey a few days before the election in August last; he said he 
lacked some two or three days of being in the precinct or county, (I 
do not recollect which,) to entitle him to vote. 

And further this deponent saith not. 


T. H. ROUSSAU. 


224 


KENTUCKY CONTESTED ELECTION. 


Also the deposition of Samuel H. Jeffers, taken at the same time 
and place, and for the purpose as stated in the caption to the fore¬ 
going deposition of J. G. Scholl. The deponent, being of lawful age, 
and first duly sworn, deposeth and says : 

By Anderson’s attorney. Are you acquainted with William Sharp ; 
do you know for whom he voted at the last August election in the 
race between Chrisman and Anderson, and in what county and what 
precinct he voted ? 

Answer. I am acquainted with William sharp; he voted at the last 
August election here in the court-house, in precinct No. 1, and voted 
for James S. Chrisman. 

By same. What do you know of the residence of William Sharp, 
at the time of the last August election and before, either of your own 
knowledge or from his statements? 

Answer. I know nothing of my own knowledge ; he told me on 
the day of the election that he was not going to vote ; he said he had 
better sense, he knew he was not a legal voter ; that he had been out 
of the county and raised a crop in Hart county ; he did not say what 
year he had raised a crop in Hart county ; he said he had not been in 
this county more than some two weeks or eight days before the 
August election. 

And further this deponent saith not. 

his 

SAMUEL + JEFFERS. 

mark. 

Also the deposition of E. N. Tiller, taken at the same time and 
place, and for the purpose as stated in the foregoing deposition of 
J. G. Scholl. The deponent, being of lawful age, and first duly sworn, 
says: 

By Anderson’s attorney. Do you know Silas Collins ; do you know 
for whom he voted at the last August election in the race between 
Chrisman and Anderson ; and if so, in what county and precinct did 
he vote ? 

Answer. I know him, but do not know who he voted for, or when 
he voted. 

By same. Do you know anything of his moving to Missouri or 
Illinois some time since ; and if so when and where did he move 
from, and when did he return to Kentucky, and where to? 

Answer. I do not know where he went to ; he left here, I think, 
in September or October, 1858 ; he was at my house the day he said 
he was going to leave. I had bought his corn and paid him a portion 
of the price cn that day and had paid him some before ; he told me 
that he has going to move to Missouri, and had before told me he was 
going to move to Missouri. After he returned to Kentucky, I think 
he told me he had been to Indiana and did not go to Missouri; he 
went from Russell county when he moved away ; I think he returned 
to Russell county, Kentucky, in December, or first of January last. 

By same. Has Silas Collins a family; did he take his family with 
him when he went away from Russell county, and did he or not wind 
up his business before leaving Kentucky ? 


KENTUCKY CONTESTED ELECTION. 


225 


Answer. He lias a family, and I think he took them with him ; I 
think he wound up his business before he left; he told me when I 
paid him that he was about through. 

By same. Did he or not sell off all his property before moving 
from Kentucky, except what was necessary to take with him? 

Answer. I think he did ; I do not think he had a great deal of 
property; I do not think he had much stock. 

And further this deponent saith not. 

EDWABD N. TILLER. 

Also the deposition of Elijah Coffey, taken at the same time and 
place, and for the purpose as stated in the caption to the foregoing 
deposition of I. G. Scholl; the deponent, being of lawful age and 
first duly sworn, says : 

By Anderson’s attorney. Are you acquainted with Silas Collins ; 
do you know for whom he voted at the last August election in the 
race between Chrisman and Anderson ; and if so, do you know in 
what county and precinct he voted ? 

Answer. I know him, but do not know where he voted, or who he 
voted for. 

By same. Do you know anything about his moving back to Ken¬ 
tucky from some other State ; if so, when did he so move back ; and 
if he said anything to you on his return about where he had been, 
what was it ? 

Answer. On my return home from Louisville in December last, I 
met Mr. Collins, with his father-in-law, Mr. Corbin, in Columbia, 
Adair county, Kentucky ; he informed me he had moved out to the 
State of Indiana, and was not pleased with the country, and was 
moving back to Kentucky. 

And further this deponent saith not. 

ELIJAH COFFEY. 

Also the deposition of Thomas Collins, taken at the same time and 
place, and for the purpose as stated in the foregoing deposition of 
I. G. Scholl ; the deponent, being of lawful age and first duly sworn, 
deposeth and says: 

By Mr. Anderson’s attorney. Are you acquainted with William F. 
Collins? What relation are you to him, and where has he resided 
for several years past ? 

Answer. I am the father of William F. Collins ; he went to Mis¬ 
souri last October was two years ago ; he came back in the next 
August; he went out on a visit to Missouri; since his return he has 
lived the most of his time in Russell county, Kentucky, a part of the 
time in the Creelsburg precinct, and a part of the time in the James¬ 
town precinct. . . . 

By same. What precinct was he residing in at the time of the last 
August election, and how long had he resided there previous to said 
election? 

Answer. He was living in the Creelsburg precinct; he went to his 
uncle Robert Blakeys, in that precinct, sometime in the winter before, 
and lived there until after the August election, and raised a crop there* 

H. Mis. Doc. 11-15. 


226 


KENTUCKY CONTESTED ELECTION. 


By same. Do you know James P. Miller, the present sheriff of 
Russell county, and in what house did he reside at the time of the last 
August election ? 

Answer. I know James P. Miller ; he lived in some of the rooms of 
the house his father used to live in ; I think there are some four rooms 
to the house, and I do not know which room he stays in. 

By same. Is his father’s house you speak of the one known as the 
“ Adam Miller house and if so, how much of said house was built by 
his father, if any, and how much has since been built by Jas. P. Miller? 

Answer. It is the Adam Miller house ; who built the house I do not 
know ; James P. Miller has repaired the house, and I think, may be, 
he built one room to the house. 

By same. Were you acquainted with Adam Miller when he lived at 
that house ; and do you know in what county Adam Miller claimed 
his residence? 

Answer. I was acquainted with Adam Miller when he lived in that 
house ; he claimed Adair county as his residence. And further this 
deponent saith not. 

his 

THOMAS + COLLINS. 

mark. 

Also the deposition of James Dunbar, jr., taken at the same time 
and place, and for the purpose as stated in the caption to the foregoing 
deposition of I. G-. Scholl ; the deponent, being of lawful age and 
first duly sworn, deposeth and says: 

By Mr. Anderson’s attorney. Were you not an officer of the election 
at the last August election ; if so, what capacity did you act in, and 
in what county and precinct ? 

Answer. I was an officer of the election at the last August election, 
and acted as sheriff at the Webb precinct, No. 5, in Russell county, 
Kentucky. 

By same. Do you know Jackson D. Richardson, and did he present 
himself at the precinct in which you were an officer of the election te 
vote, and for whom did he vote; and did he vote at all in the race 
between James S. Chrisman and William C. Anderson, candidates 
for Congress? 

Answer. I know Jackson D. Richardson ; he presented himself to 
vote at the precinct where I was acting sheriff, and voted for Magoffin, 
Boyd, and Andrew James, and for Stephen A. Douglas for next 
President, and quit there; I think I asked him if he voted for Con¬ 
gress, and his reply was, he voted for Stephen A. Douglas for next 
President. 

By same. Did or not Jackson D. Richardson have a printed ticket 
before h,m when he voted, with the names of all the democratic can¬ 
didates upon it? 

Answer. He did. And further this deponent saith not 

JAMES DUNBAR, Jr. 

Also the deposition of James E. Wilson, taken at the same time 
and place, and for the purpose as stated in the caption to the foregoing 


KENTUCKY CONTESTED ELECTION. 227 

deposition of I. G. Scholl; the deponent, being of lawful age and 
first duly sworn, deposeth and says : 

By Mr. Anderson’s attorney. Do you know Stephen Wilson, jr.; 
what relation are you to him ; for whom did he vote at the last August 
election, in the race between Chrisman and Anderson for Congress ; 
and in what county and precinct did he vote? 

Answer. I know Stephen Wilson, jr.; I am his father ; he voted for 
Anderson at the last August election, in Russell county, Kentucky, 
and at the Webb precinct, No. 5. 

By same. What was his age at the last August election ? 

Answer. He was twenty-one years old the 25th of March last, be¬ 
fore the election. 

By same. Do you know Jackson D. Richardson ; were you present 
when he voted at the last August election ; in what county and precinct 
did he vote ; do you remember for whom he voted, and did he vote in 
the race between Chrisman and Anderson for Congress ? 

Answer. I know Jackson D. Richardson ; I was present when he 
voted at the last August election ; he voted in Russell county at the 
Webb precinct, No. 5. I think he voted for Magoffin, and for lieuten¬ 
ant governor on the democratic ticket, and for Andrew James ; he did 
not vote for Congress in the race between Anderson and Chrisman. 

By same. Do you or not remember whether the sheriff, at the pre¬ 
cinct where Richardson voted, called upon him to know whether he 
voted in the race for Congress ; and do you remember his reply to the 
sheriff; and do you know whether or not Richardson had a printed 
ticket before him when he voted with the names of the democratic 
candidates on it? 

Answer. The sheriff at the precinct, where he voted, did ask him if 
he voted for Congress ; he said he did not vote at all in that race ; he 
had a printed ticket in his hand when he voted, and cried his own 
vote, and said he voted for Stephen A. Douglas for next president. 

And further this deponent saith not. 

. his 

JAMES E. + WILSON. 

mark. 

Adjourned until half past eight o’clock to-morrow morning. 

W. M. GREEN, 

Presiding Judge of Russell County. 

Wednesday Morning, November 1G, 1859. 

Met pursuant to adjournment of last evening, and resumed the 
taking of depositions. 

The deposition of William H. Haynes, taken at the same time and 
place, and for the purpose as stated in the caption of the foregoing 
deposition of Isaac G. Scholl ; the deponent, being of lawful age and 
first duly sworn, says : 

By Anderson’s attorney. Are you acquainted with John Chilton ; 
in what precinct and county did he vote at the last August election, 
and for whom, in the rpce between W. C. Anderson and James S. 
Chrisman for Congress? 

Answer. I know John Chilton, he voted at the court-house in 


228 


KENTUCKY CONTESTED ELECTION. 


Jamestown, Russell county, Kentucky, in precinct No. 1; voted for J. 
S. Chrisman for Congress. 

By same. At what time of day did he present himself to vote ; how 
long after he presented himself was it before his vote was taken, and 
what means had you of knowing what time it was when he presented 
himself to vote? 

Answer. He presented himself to vote at twenty minutes past seven 
o’clock in the evening. When he presented himself to vote they told 
him the polls were closed ; Anderson Rowe swore he should vote, and 
if they did not let him vote he would sue the last one of them. It was 
hut a short time after he presented himself to vote before his vote was 
recorded—not exceeding two minutes I would suppose. On Sunday 
night the clerk of “the election came to my house to stay all night ; 
asked me if I had a watch ; 1 had one ; we got an almanac and set 
my watch right at sundown ; on Monday morning of the election I 
could see the first rays of the sun as it was rising .and I examined my 
watch and found it was precisely right; I have a good watch, I think. 

Cross-examined by N. B. Stone , attorney for J. S. Chrisman. 

Were you present at the polls when Chilton presented himself and 
demanded to have his vote recorded ? 

Answer. I was at the window ; he was inside, and I was outside. 

By same. How long was it after Chilton voted until it was an¬ 
nounced at the court-house door that the polls were closed ? 

Answer. It was but a short time afterwards. 

By same. When do you call it sun up or sun down? 

Answer. When you see the sun rise or go down. 

And further the deponent saith not. 

WILLIAM H. HAYNES. 

Also the deposition of Robert Blakey, taken at the same time and 
place, and for the purpose as stated in the caption to the foregoing 
deposition of I. Gr. Scholl; the deponent, being of lawful age and first 
duly sworn, says: 

By Anderson’s attorney. Are you acquainted with Silas Collins? 
Do you know for whom he voted at the last August election in the 
race between Anderson and Chrisman for Congress ; and in what 
county and precinct did he vote? 

Answer. I am tolerably well acquainted with him ; I have known 
him ever since he was a child ; I do not know which one he voted for, as 
to my own knowledge; he voted at Creelsburg in Russell county ; 
I saw him go up to the polls and try to get the judges to scratch his 
vote off. 

By same. Did the judges permit his name to be scratched off? 

Answer. They refused to let his vote be taken off. 

By same. I)o you know whether Silas Collins removed from the 
State of Kentucky at any time ; if so, when did he remove and where 
to? And if you know anything of his moving back to Kentucky, 
state when it was and to what part of Keutucky he returned ? 

Answer. I do not know of his moving of my own knowledge ; I did 


KENTUCKY CONTESTED ELECTION. 229 

not see him for some time before be started, and did not see him for 
some time after he returned back. 

By same. Was be absent from the county and neighborhood, in 
which he previously lived, any time last year, or the year before ; and 
if so, how long; had he a family, and was his family absent with 
him; and did he or not sell off his property and wind up his business 
before such absence? 

Answer. He was absent from the county; I think he left tolerably 
early in the fall of 1857, and was gone some two or three months ; 
he had a family and they were also absent with him; I do not know 
whether he had sold his property and wound up his business or not; 
he lived some four miles from me. 

Cross-examined by James S. Chrisman's attorney . 

State whether or not Silas Collins has or not lived in Russell county 
ever since his return, and all the time in the Creelsburg district, 
No. 5? 

Answer. I think he has lived in the Creelsburg precinct all the 
time since be came back, and got a house to live in. 

By same. State whether or not, at the time he went to the polls 
and asked to have his name stricken from the poll-book, he was or not 
asked by the judges if, when he left the State, he meant to move or 
not; and state whether or not he did not answer on oath ; and if so, 
what was his answer ? 

Answer. I did not hear what plea he laid in ; they did not swear 
him when he came up to get his name scratched off. 

By Anderson’s attorney. Are you acquainted with William F. 
Collins? Do you know for whom he voted in the race between Chris- 
man and Anderson for Congress ; and in what county and precinct 
he voted? 

Answer. I am acquainted with William F. Collins ; he voted at 
Creelsburg, Russell county, Kentucky ; he voted for Anderson at the 
last August election. 

By same. Do you know anything of his having gone to Missouri 
some time since ; if so, when was it, and for what purpose did he go, 
and how long was he absent; where did he reside before going to 
Missouri, and where has he resided since his return ? 

Answer. He went to Missouri in the fall of 1856 ; he went on 
to look at the country and to be running about; he returned in 
August after he left; he was to have been back in the next spring, 
but did not get back till August; he resided at William Ripetoe’s in 
Russell county, in the Creelsburg precinct, until the precinct was 
altered ; a part of his time, since his return, he has lived at John 
McDowit’s, in Russell county, in the Jamestown district; he came to 
my house, in the Creelsburg precinct, to live, on the Monday morn¬ 
ing after the 25th of December last, and lived at my house, in the 
Creelsburg precinct, from that time until after the election in August 
last. 

By same. Had he property anywhere in Kentucky, before going 
out to Missouri; and if so, where and what was it; and did he sell 
that property before going to Missouri ? 


230 


KENTUCKY CONTESTED ELECTION. 


Answer. He had property in Kentucky before he went out to Mis¬ 
souri; it was at his father’s, in the edge of Adair county; he had 
cattle and hogs ; he did not sell them before he left; they remained 
there until he returned back. 

Cross-examined by Chrisman's attorney . 

Do you, of your own knowledge, know that he owned hogs and 
cattle which he did not dispose of before he went to Missouri ? 

Answer. I do ; I had seen them lots of times. 

By same. How far do you live from Collins’ father’s ; and how many 
cattle and hogs did he leave at his father’s? 

Answer. I live about six miles ; he had four head of cattle, and 
some ten or twelve hogs. 

By Anderson’s attorney. What relation are you to William F. Col¬ 
lins ; and are you intimate with him and with his father’s family P 

Answer. W. F. Collins is my nephew ; I am intimate with him and 
his father’s family. 

By same. Upon reflection are you able to state with more accuracy 
than you have done when Silas Collins returned to Kentucky ? 

Answer. It must have been in the winter or spring of 1859 ; he 
has just made one crop since his return. 

By same. Are you acquainted with James P. Miller, the present 
sheriff of Bussell county ? Do you know for whom he voted at the 
last August election, in the race between Anderson and Chrisman, and 
in what county and precinct he voted? 

Answer. I am acquainted with J. P. Miller ; I saw him acting as 
sheriff at the Creelsburg precinct, Russell county, Kentucky, at the 
last August election ? 

By same. Do you know in what house he lived at the time of the 
last August election ? 

Answer. He lived in his father’s old house, I think; his father’s 
name was Adam Miller. 

By same. State whether or not Adam Miller lived in the same house 
in the year 1825, and prior thereto. 

Answer. Adam Miller lived in the same house in the year 1825, and 
before that time. 

By same. If any changes have been made in the house Adam Mil¬ 
ler lived in, in 1825, since that time, or any additions have been made 
to it since then, state what changes or additions they are. 

Answer. Since 1825 Adam Miller built an el-room to the old build¬ 
ings, with a petition or passage of about ten feet wide between—made, 
I think, for a place to eat in ; James P. Miller has re-covered and 
weather-boarded the house since his father’s death. 

By same. On what side of the house is.the el-room built by Adam 
Miller since 1825 ? on the side next to Bussell, or on the side next to 
Adair county ? 

Answer. It is on the side next to Bussell. 

[N. B. Stone, attorney for Chrisman, objects to the testimony of B. 
Blakey.] 


KENTUCKY CONTESTED ELECTION. 


231 


By same. How large is the house James P. Miller lived in last 
August; and how many rooms are there in the house, including the 
one built since 1825 ? 

Answer. I think there are two rooms that were built before 1825 ; 
they are about 18 feet by 20 ; the el-room, I think, about 16 by 18; 
I think there is another small room on the side next to Russell county 
that was used for weaving in, and probably to cook in ; I think that 
room is pretty much racked or torn away, or was when I last saw it, 
about two years since. 

By same. How far do you live from the house James P. Miller lived 
in last August, and how long have you lived there ? 

Answer I live about four miles from him, and have lived there 
since the fall of 1840 ; in 1825 I lived about three or four miles from 
where he now lives, at the place where F. S. Carter now lives, and 
have lived in the neighborhood ever since 1825 ; the furthest I have 
ever lived from there was at Creelsburg, about six miles. And further 
this deponent saith not. 

R. BLAKEY. 

Also the deposition of B. P. Polston, taken at the same time and 
place, and lor the purpose as stated in the caption to the foregoing 
deposition of I. G-. Scholl ; the deponent, being of lawful age and 
first duly sworn, says : 

By Anderson’s attorney. Are you acquainted with James Brummet ? 
Do you know in what county and precinct he voted at the last August 
election, and for whom in the race between Anderson and Chrisman 
for Congress ? 

Answer. I am ; I raised him from about five years old ; he voted in 
Russell county, and at Jamestown ; I did not see him vote ; he said 
he voted there, and for Anderson. 

By same. You say you raised him from about the time he was five 
years old. When did you take him to raise him, and how long did 
you have him with you from the time you took him, and until when? 

Answer. The best of my recollection is it was seventeen years last 
spring since I took him to raise; he lived with me all the time after 
I first took him up to this fall. 

Cross-examined by J. S. Chrisman s attorney . 

State whether or not James Brummet is an illegitimate child, and 
give his mother’s name. 

Answer. I suppose he is; his mother’s name is Elizabeth Brummet. 

By same. State whether or not his mother did or not prosecute a 
writ of bastardy against some person, charging him as the father of 
James Brummet; and if so, state who the person so charged was. 

Answer. It was said she* swore him before Geo. Harris, in this 
county, to Dick Literal. I got him from Literal. 

By Anderson’s'attorney. Do you know Jesse Wright? Do you 
know for whom he voted at the last August election, and who for in 
the race between Anderson and Chrisman for Congress, and in what 
county and precinct? 


232 


KENTUCKY CONTESTED ELECTION. 


Answer. I know Jesse Wright; I do not know who he voted for, 
and do not know of my own knowledge what county or precinct he 
voted in. 

By same. Do you know wheie he resided for the last two years 
prior to last August election ? 

Answer. I think he resided in this county for the last two years ; if 
he ever left the county I never heard it, nor know anything about his 
leaving. 

By same. In what precinct in Russell county was he living at the 
last August election, and how long had he been living there ? 

Answer. I think he moved to the Wilson precint, which is the 4th, 
sometime in the spring before the election. So far as I know he was 
there until the election. Just before the election I heard him say he 
was going over to Wayne to see if his son was coming back, and if he 
was not he would go over to his son’s, in Wayne, after the election. 

Cross-examined by N. B. Stone , attorney for James S. Chrisman. 

State whether or not the house Wright lived in before the election 
was sometime before, and at the election entirely unoccupied. 

Answer. I think it was. 

By same. When Wright left that house do you know where he 
went to ? 

Answer. I do not. 

And further this deponent saith not. 

B. P. POLSTON. 

Also the deposition of Wm. S. Patterson, taken at the same time and 
place, and for the purpose as stated in the caption to the foregoing 
deposition of I. G. Scholl; the deponent, being of lawful age, and first 
duly sworn, says: 

By Anderson's attorney. Are you acquainted with W. F. Patterson, 
and what relation are you to him ? 

Answer. I am ; he is my son. 

By same. In what county and precinct was he living at the time of 
the election, and how long had he been living in that county and pre¬ 
cinct ? 

Answer. He moved from my house in Russell county the second 
week in May last, and took his family and such things as he intended 
to take ; he moved to the county of Pulaski, to Samuel Owens’, five 
miles from Somerset, first; he stayed there a short time, and then 
moved to Somerset, to J. W. Adams’ tavern, and boarded himself and 
family until after the election in August last. My best impression is 
he went to Adams’ the last of May or the first of June. My under¬ 
standing is that Owens’ and Adams’ are all in the town or same dis¬ 
trict, as they told me. 

By same. Did W. F. Patterson and his family’s residence at your 
house cease at the time they moved to Pulaski, and from that time 
until after the election did they have any other residence or home, ex¬ 
cept at Owens’ and Adams’, in Pulaski county? 

Answer. W. F. Patterson’s residence at my house ceased when he 


KENTUCKY CONTESTED ELECTION. 


233 


left in May, and neither he nor his wife has been there since ; he 
had no home or residence between that time and the election, except 
at Owens' and Adams’, in Pulaski county. 

Cross-examined by N. B. Stone , attorney for James S. Chrisman. 

You have stated that Wm. F. Patterson and family commenced 
hoarding at Adams’ about the last of May or first part of June ; now 
state whether or not Wm. F. Patterson’s family, wife, &c., had or not 
been living in Russell county up to that time. 

Answer. I think not; my best impression is they left here the sec¬ 
ond week in May. 

By same. When Wm. F. Patterson left Russell county in May did 
he or not leave permanently, or merely go to Pulaski county to make 
a survey? 

Answer. He left for good, saying unless it was under peculiar cir¬ 
cumstances, he never expected to put his foot in Russell again. 

By same. Had Wm. F. Patterson made any arrangements for 
locating or settling in Pulaski county when he left in May? 

Answer. I cannot say as to that. He said he was going to Owens’, 
Baites’, or Gogins’ to board. These farms all join. 

By same. Did Wm. F. Patterson say to you that he intended to 
leave the State rather than return to Russell ? 

Answer. I never heard him say anything as to that. 

By same. Did he or not say to you that he was going only to board 
temporarily with Owens, Baites, or Gogins ? 

Answer. He did not. 

By same. Who and what for was he going to make a survey ? 

Answer. Under an order of court, or, as it was agreed by the 
parties, Owens, Owsley, and Wright. 

By same. Did he have any property or plunder in Russell county 
when he went to Owens’ to board ? 

Answer. He had a few tools that he could not take along, or that 
were forgotten, and I sent them to him afterwards. 

By same. Did he leave any property in Russell county besides the 
tools ; if so, what was it? 

[The judge decided that this question was not pertinent.] 

By same. Where did he leave his property, or did he carry it with 
him ? 

Answer. All of it. 

By same. Did Wm. F. Patterson locate himself permanently at 
Owens’ when he went there to board? 

Answer. It was his permanent residence until he got some other 
place to go to. He boarded there and lived there until after the elec- 

tion. . . 

By same. Did Wm. F. Patterson or not tell you that he was going 
to board with Owens only while he was making the survey? 

Answer. He did not say. 

And further this deponent saith not. 


WILL. S. PATTERSON. 


234 


KENTUCKY CONTESTED ELECTION. 


Also the deposition of G* T. Isbell, taken at the same time and 
place, and for the purpose as stated in the caption to the foregoing 
deposition of I. G. Scholl; the deponent, being of lawful age, and first 
duly sworn, deposeth and saith : 

By Mr. Anderson’s attorney. Are you acquainted with S. E. Beed? 
Do you know anything of his having ever resided in the State of Ten¬ 
nessee ; if so, when ? and did you or not ever hear him make any 
statement as to the time he had been in the State of Kentucky prior 
to the last August election ; if so, what was that statement ? 

Answer. I am acquainted with Dr. S. E. Beed. I knew him in 
Tennessee in 1857. I left there in May, 1857, and he was then 
residing there. I heard him say he lacked two days of being in this 
State two years at the last August election. 

And further this deponent saith not. 

G. T. ISBELL. 

Also the deposition of George Bryan, taken at the same time and 
place, and for the same purpose as stated in the caption to the fore¬ 
going deposition of I. G. Scholl; the deponent, being duly sworn, 
says: 

By Mr. Anderson’s attorney. Are you the clerk of the county court 
of Bussell county, Kentucky ; and by virtue of your office have you 
charge of the poll-books of said county ? 

Answer. I am clerk of the Bussell county court, and have charge 
of the poll-books of the county by virtue of my office. 

By same. Was the name of the clerk of the election signed to the 
third page of poll-book kept in precinct No. 5 at the last election ? 
Was there any such signature there when the poll-books were opened 
for comparison, and is there any now ? 

Answer. The clerk’s name does not appear to have been signed at 
the foot of page 3 of the poll-book in district No. 5 in this, Bussell, 
county, Kentucky. His name was not signed to the page when the 
poll-books were opened for comparison, and is not now signed to 
that page. 

By same. Please examine said page No. 3 on said poll-book, and 
state how many votes appear on that page purporting to have been 
cast for Jas. 8. Chrisman and how many for W. C. Anderson at the 
last August election. 

Answer. I have the poll-book before me, and have made the exam¬ 
ination, and upon careful addition find there is on that page eighteen 
votes given for Chrisman and nine votes for Anderson. 

By same. Were the votes purporting to have been cast on said page 
of said poll-book included in the summing up of the votes on that poll- 
book, and do they constitute a part of the aggregate vote certified by 
the board of canvassers of Bussell county to the board at Frankfort to 
have been cast in Bussell county, Kentucky, at the last August elec¬ 
tion, and are you a member of the board of canvassers of Bussell county, 
Kentucky ? 

Answer. They were included in the casting up the vote of that 
poll-book, and they constitute a part of the aggregate vote certified by 


KENTUCKY CONTESTED ELECTION. 


235 


the hoard of examiners of poll-hooks of Russell county, Kentucky, to 
the hoard at Frankfort, and I am a member of the Russell couuty 
board of examiners of the poll-books. And further this deponent 
saith not. 

GEORGE BRYAN. 


State of Kentucky, Russell County , ss: 

I, William M. Green, presiding judge of the Russell county court, do 
hereby certify that the foregoing 57 pages, containing the depositions 
of I. G. Scholl, Elias Dunbar, H. Campbell, Archibald Satterfield, S. 
H. Satterfield, Allen Grider, Emerson McFall, S. L. Wood, Clayton 
Ellis, Lewis Sharp, L. H. Rousseau, Samuel Jeffery, E. N. Tiller, E. 
Coffey, Thos. Collins, Jas. Dunbar, jr., James E. Wilson, W. H. 
Haynes, Robert Blakey, B. P. Polston, W. S. Patterson, G. T. Isbell, 
and George Bryan, were, on the 15th and 16th days of November, 
1859, taken before me at the court-house in Jamestown, Russell county, 
and State of Kentucky, and for the purposes as stated in the caption 
to the deposition of Isaac G. Scholl ; that the witnesses were each 
sworn before they gave their testimony; that the testimony of each 
witness was written down by me in the witness’ presence, read over 
to him by me before signed, and each witness’ testimony was signed 
by him in my presence. W. C. Anderson and J. S. Chrisman, by 
their attorneys, were present at the taking of the depositions. The 
depositions of L. H. Rousseau, Samuel Jeffery, E. N. Tiller, E. Coffey, 
Thos. Collins, James Dunbar, jr., and James E. Wilson, were taken 
after night, and by candle-light. N. B. Stone, attorney for Mr. Chris¬ 
man, objected to the taking of their testimony, and although present 
all or the greater portion of the time, refused to cross-examine. 

Given under my hand this 16th day of November. 1859. 

W. M. GREEN, P. J. R. C. 

N. B. Stone, attorney for J. S. Chrisman, also objected to the taking 
of the deposition of L. H. Rousseau, because lie stated he had made a 
small bet or wager on the election ; he also objects to the depositions 
of G. T. Isbell, Robert Blakey, Thos. Collins, E. N. Tiller, E. Mc¬ 
Fall, S. II. Satterfield, and A. Satterfield. 

W. M. GREEN, P. J. R . C. 

Expense of taking depositions. 


Subpoena. 20 

Judge’s fee for 2 days, at $3 per day. 6 00 

27 witness certificates, at 25 cents each. 6 75 

Constable for summoning witnesses. 7 00 

34 days’ attendance of witnesses, at 75 cents per day... 25 50 

439 miles’ travel for witnesses, at 5 cents per mile. 21 95 


67 40 


W. M. GREEN, P. J. R. C. 











236 


KENTUCKY CONTESTED ELECTION, 


"William C. Anderson : 

Sir: You are notified I will appear before the House of Representa¬ 
tives of the Congress of the United States, at their next session, and 
jontest your right to a seat as a member of that body for and during 
$ie 36th Congress of the United States for the fourth congressional 
district of the State of Kentucky, claiming that at the election held 
in said fourth congressional district, for the State of Kentucky, on the 
1st day of August, 1859, for member of Congress to represent said 
district for and during the 36th Congress of the United States, I was 
duly and lawfully elected, by the legal vote of the people qualified to 
vote, to said office. Your right will be contested on the following 
grounds: 

1. A majority of the votes polled at said election between us were 
for me, and against you. By a mistake made by the county board for 
examining poll-books for the county of Cumberland in said district, 
they certified to the State board a smaller number of votes for me than 
1 actually got, and a larger number of votes for you than you actually 
got at said election in said county of Cumberland; and although in 
due and proper time this mistake was corrected by an amended and 
supplemental certificate and return of the county board, duly trans¬ 
mitted to the State board, the latter in their canvass and estimate of 
the votes of said district, in said election, had no regard to the said 
amended certificate, and improperly and unlawfully disregarded the 
same, when, if it had been regarded, my majority would have been 
seven votes, according to the face of the poll-books as they stand. 

2. I received a majority of the legal votes polled at said election 
between us in said congressional district. 

3. Divers votes were by fraud or mistake of the officers of the 
election recorded on the poll-books for you , when such votes had been 
actually cast for me. 

4. Divers voters, who came to the polls at divers voting places in 
the district, being good voters, legally qualified and entitled to vote, 
desiring and offering to vote ior me, were improperly and unlawfully 
denied by the officers of the election the right of voting, and rejected 
and unlawfully prevented from voting, when they would have voted 
for me. 

5. Divers persons not qualified by law, some by reason of not having 
resided sixty days in their voting precinct next before the election, 
one year in the county, or two years in the State; others by reason 
of not being free white male citizens over twenty-one years old, as 
required by the constitution and laws of Kentucky, at the various 
voting places in the district, and at each voting place in said district, 
were unlawfully permitted to vote for you against me in said election. 

6. Divers persons were unlawfully permitted to vote twice for you 
at the same election. Persons who voted for me were, by fraud or 
mistake, recorded for both of us. 

7. Persons were unlawfully permitted to vote for you who were 
disfranchised and deprived of the right of suffrage by reason of having 
been convicted of high crimes and misdemeanors. 


KENTUCKY CONTESTED ELECTION. 237 

8. Persons who were not citizens of the United States were unlaw¬ 
fully permitted to vote for you against me in said election. 

9. Certain poll-books ol said election, and particularly the poll- 
hook of district No. 1, in the county of Boyle, have been fraudulently 
altered, mutilated and changed since the election, and since they were 
certified and delivered by the officers of the election, and prior to the 
issuing of the certificate to you by the State board, whereby your vote 
was apparently increased, and mine diminished. 

10. Legal voters voted for me at said election, and after their votes 
had been recorded for me their names and votes were unlawfully 
and improperly stricken from the poll-book. 

11. All the votes recorded for me at the various voting places in 
said district at said election were legal and qualified voters, and their 
vote for me rightly recorded. 

12. I object to, challenge, and insist upon striking off the following 
named persons, whose names are recorded on the polj-books of the 
various voting places in said district at said election, and for the reasons 
assigned next to the names of each, to wit: 

Ivory Thompson—Because he did not reside in the State, county, 
or precinct in which he voted for the time required by law. 

C. Timmy, jr.—Because he is a foreigner by birth, and not a citizen 
of the United States, not having been naturalized. 

Enoch Phelps—Because he was not a resident of the precinct in 
which he voted at the time he cast his vote. 

Abraham Mounce—Because he was not twenty-one years of age at 
the time he voted. 

Joseph Wallen, jr.—Because he was not twenty-one years of age 
at the time he voted. 

W. M. Adams—Because he did not reside in the county or precinct 
at which he voted when his vote was cast. 

William Gibson—Because he did not reside in the State, county, 
or precinct in which he voted for the time required by law. 

W. F. alias Frank Patterson—Because of the same reasons as 
above last stated. 

E. McNair—Because of the same reasons as last above stated. 

Bichard Burnett—Because of the same reasons as last above stated. 

William Mounce—Because of the same reasons as last above stated. 

Peter Waddle—Because he was not twenty-one years old at the 
time he voted. 

Kandolph Meridith—Because he was not a resident of the State, 
county, or precinct in which he voted for the time required by law. 

A. L. McGee—Because of the same reasons as last above stated. 

K. Phelps—Because of the same reasons as last above stated. 

Tyre Turpen—Because of the same reasons as last above stated. 

A. E. Massey—Because he was not twenty-one years of age at the 
time he voted. 

James Massy—Because of the same reason as last above stated. 

William Davis—Because he was not a resident of the State, county, 
-or precinct in which he voted for the time required by law. 

John Fenston—Because of the same reasons last above stated. 

Benjamin F. Taylor—Because of the same reasons last above stated. 


238 


KENTUCKY CONTESTED ELECTION. 


Bales Baugh—Because he was not twenty-one years old at the time 
he voted. 

Nelson Davis—Because he was not a resident or citizen of the Sta e, 
county, or district in which he voted for the period of time required 
by law. 

James Lowe—Because he was not twenty-one years of age a* the 
time he voted. 

David Lowe—Because of the same reason as last above stated. 

William Massengal—Because he was not twenty-one years of age 
at the time he voted. 

William Crabtree—Because he was not a resident of the State, 
county, or precinct in which he voted for the time required by law. 

Shadrack Blevins—Because he was not a resident of the State, 
county, or precinct in which he voted for the time required by law. 

Joseph Roberts—Because he was not twenty-one years of age at the 
time he voted. 

Isaac Harden—Because he was not a resident of the State, county, 
or precinct at which he voted for the period of time required by law. 

Elijah Spradlen—Because of the reasons last above stated. 

Harden Stevens—Because he was not twenty-one years of age at 
the time he voted. 

George Sumpter—Because he was not a resident of the State, 
county, or precinct in which he voted for the period of time required 
by law. 

John Horton—Because of the same reasons last above stated. 

Carey Abner—Because of the same reasons last above stated. 

Bartholomew Lawson—Because of the same reasons last above 
stated. 

James Lawson—Because of the same reasons last above stated. 

John Rollens—Because he was not twenty-one years of age at the 
time he voted. 

J. H. D. Floyd—Because of the same reason last above stated. 

Simeon Marcum—Because he did not reside in the State, county, 
or district in which he voted for the time required by law. 

P. H. Clark—Because he is not a free white man, is of mixed 
blood, being at least one-fourth of African or negro blood. 

S. W. Hunter—Because he was not a resident of the State, county, 
or district in which he voted for the period of time required by law. 

Lewis Gwinn—Because of the same reasons last above stated. 

George Westmoreland—Because of the same reasons last above 
stated. 

John Westmoreland—Because of the same reasons last above stated. 

Anderson Maynard—Because of the same reasons last above named. 

James C. Hancock—Because of the same reasons last above stated. 

Joseph C. Pace—Because of the same reasons last above stated. 

Thomas Rhodesmend—Because of the same reasons last above 
named. 

John Hardeson—Because he was not twenty-one years of age at 
the time he voted. 

Thomas A. Yaughn—Because he was convicted, sentenced to, and 
confined in the Kentucky penitentiary for larceny, by the judgment 


KENTUCKY CONTESTED ELECTION. 239 

of the circuit court of Cumberland county in 1856, and thereby dis¬ 
franchised. 

Joseph Brummett—Because he was not 21 years of age when he 
voted. 

James M. Cloyd—Because he was not a resident of the State, 
county, or precinct in which he voted for the time required by law. 

James Brummett—Because of the reasons last above stated. 

G. F. Dowell—Because he was not 21 years of age, and not a res¬ 
ident of the State, county, or precinct in which he voted for the 
period of time required by law. 

J. M. Glidewell—Because he was not a resident of the State, 
county, or precinct in which he voted for the time required by law. 

Burton Smith—Because of the same reasons last above stated. 

William Sevier—Because he was not 21 years old when he voted. 

Thomas Boy—Because he was not 21 years old when he voted. 

William Wright—Because he was not a resident of the county or 
district in which he voted. 

Jesse Dulley—Because he lives, and at the time he voted did live, 
in Barren county, not in the district; and because he voted both in 
the Elliott precinct, in Cumberland, and at “ Harmony,” in Adair. 

Wiley Summers—Because he was not 21 years of age at the time 
he voted. 

James B. Elder—Because he was not a resident of the State, county, 
or precinct in which he voted for the time required by law. 

William Bacon—Because of the same reasons last above stated. 

B. W. Stevenson—Because of the same reasons last above stated. 

George Beddow—Because of the same reasons last above stated. 

Samuel D. Barnet—Because of the same reasons last above stated. 

James Patton—Because of the same reasons last above stated. 

Joseph McNull—Because of the same reasons last above stated. 

James Bless—Because of the same reasons last above stated. 

Alexander Martin—Because of the same reasons last above stated. 

Pink Grady—Because he was not 21 years of age at the time he 
voted. 

B. F. White—Because of the same reason last above stated. 

Isaac Graham—Because he was not a resident of the State, county, 
or district in which he voted for the period of time required by law. 

It. Mary—Because of the same reasons last above stated. 

Charles King—Because of the same reasons last above stated. 

William Tuggle—Because of the same reasons last above stated. 

H. L. Carpenter—Because of the same reasons last above stated. 

A. J. Beynolds—Because of the same reasons last above named. 

Joseph Williams—Because of the same reasons last above named. 

A. F. Merriman—Because of the same reasons last above named. 

G. W. Nelson—Because of the same reasons last above named. 

J. H. Cranch—Because of the same reasons last above named, and 
because he was convicted, sentenced, and confined in the penitentiary 
of Tennessee for lelony, and thereby disfranchised.. 

James W r . Banks—Because he was not a citizen of the State, 
county, or precinct in which he voted for the time required by law. 


240 


KENTUCKY CONTESTED ELECTION. 


James Nell—Because lie was not a resident of the State, county, or 
precinct in which he voted for the time required by law. 

James P. Wright—Because of the same reasons last above named. 

A. B. Cox—Because of a lotal absence of every qualification re¬ 
quired by law. 

William S. Matthews—Because he was not a resident of the county 
or precinct at which he voted for the time required by law. 

Francis Wright—Because he was not twenty-one years of age when 
lie voted. 

William Rakes—Because he was not a resident of the State, county, 
or precinct in which he voted for the time required by law. 

William T. Martin—Because of the same reasons last above stated. 

Robert Buchanan—Because of the same reasons last above stated. 

John Griffin—Because of the same reasons last above stated. 

Elisha Berry—Because of the same reasons last above stated. 

W. A. Wood—Because of the same reasons last above stated. 

Preston Satterfield—Because he was not 21 years of age at the time 
lie voted. 

Stephen Wilson—Because of the same reason last above stated. 

Jesse Wright—Because he was not a resident of the State, county, 
or precinct in which he voted for the period of time required by law. 

William Collins—Because of the same reasons last above named. 

Nathan Lawhorn—Because he was convicted, sentenced, and con¬ 
fined in the Kentucky penitentiary for felony, and thereby disfran¬ 
chised. 

G. M. Brown—Because he was not 21 years of age when he voted. 

T. W. Lukins alias Lumpkins—Because of the same reasons last 
above assigned. 

T. R. Tucker—Because he was not a resident of the State, county, 
or precinct in which he voted for the time required by law. 

Y. P. Moore—This voter voted for me, but by mistake of the clerk 
his vote was recorded for both of us. I shall claim that his vote be 
counted for me, and erased from your poll. 

The following persons voted for me, and their votes so cried hv the 
sheriff, hut the clefk omitted to record them for me: 

William Davis, Jackson D. Richardson, William R. Cumhass. I 
shall claim that their names be added to the list of persons voting for 
me. 

Wiley Turner—I shall also claim that the vote of Wiley Turner be 
added to the list of those voting for me, because, after he had so voted, 
the judges and clerk of the district at which he voted, erased his 
name and vote without just reason, he being a legal voter. 

Anderson Hare—I shall also claim that the vote of Anderson Hare 
he counted for me, he having offered and demanded to vote for me, 
hut was refused by the judges without good reason, he being a legal 
voter. 

I shall also object to, challenge, and insist upon striking off the 
votes of the following other persons whose names are recorded on 
the poll-books of the various precincts in said district at said election, 
and for the reasons assigned next to the names of each to wit: 


KENTUCKY CONTESTED ELECTION. 241 


John Surcy—Because he did not reside in the State, county, or pre¬ 
cinct in which he voted for the time required by law. 

William Beasley—Because he did not reside in the State, county, 
or precinct in which he voted for the time required by law. 

George Tate—Because of the same reasons last above stated. 

Benj. Bruner—Because of the same reasons last above stated. 

George N. McNeil—Because of the same reasons last above stated. 

C. C. McClure—Because of the same reasons last above stated. 

James T. Haley—Because of the same reasons last above named. 

E. Preston—Because of the same reasons last above named. 

Zachariah Price—Because of the same reasons last above named, 
and because he was not 21 years of age when he voted. 

Edward Jones—Because he is an idiot and incapable of voting. 

George D. Masonheimer—Because he did not reside in the county 
or precinct in which he voted for the time required by law. 

Lee Yager—Because of the same reason last above named. 

I shall also claim and insist that the votes of the following named 
persons, who are recorded as having voted for you , he counted for me , 
and added to my poll, because in fact they voted for me, and by mis¬ 
take of the clerk or otherwise they are made on the poll-hooks to 
vote for you, viz: 

Nelson Pendergaft, Nat Harmon, Geo. W. Crane, George Jones, 
Samuel Leffew. 

I shall also object to and insist upon rejecting the poll-hooks, and 
all the votes recorded at the Ireland precinct, in the county of Taylor, 
because the officers of said election, who conducted and held the same, 
nor either of them, were sworn according to law, nor was the said 
poll-book certified by the officers, as required by law. 

I shall also object to and insist upon rejecting the poll-book, and 
all the votes given at the 7th district, in the county of Wayne, for the 
same reasons as last above assigned. 

JAMES S. CHRISM AN. 

Danville, September 19, 1859. 


State of Kentucky, to wit : 

The undersigned, W^m. R. Taylor, states that he delivered to Wil¬ 
liam C. Anderson, the person to whom the within and foregoing no¬ 
tice is addressed, a true copy of the said notice on the 20th day of 


September, 1859. 


W. R. TAYLOR, M. T. D. 


Sworn to by the 
Boyle county court, 


above named subscriber before me, clerk of the 
this 20th of September, 1859. 

JAS. F. ZIMMERMAN, C. B. C. C. 


James S. Chrisman : 

Sir : I have received a paper from you, purporting to be a notice 
contesting my right to a seat in the 36th Congress of the United 
States from the fourth district of Kentucky. You are notified that I 

II. Mis. Doc. 11-16 



242 


KENTUCKY CONTESTED ELECTION. 


shall object to the said notice, and ask for its quashal upon the fol¬ 
lowing grounds: 

First. It does not give the residence of the voter who is challenged. 

Second. It does not give the county or precinct in which the vote 
was cast. 

Third. It does not state particularly the grounds upon which you 
rest the contest, as required by the act of Congress. 

In response to paragraph No. 1 in your pretended notice, I deny 
that the majority of the votes polled at the August election, 1859, 
were given for you. 

I deny that, by a mistake made by the county board of Cumberland 
county, you received a smaller number of votes than were really cast for 
you, and I a larger number than were cast for me. I state the tacts to be 
as follows : The poll-books of Cumberland county were certified, (al¬ 
though some of them illegally, of which I shall speak hereafter,) 
sealed, and delivered, as required by the law entitled “ election , 99 
Kevised Statutes of the State of Kentucky, pages 283 to 303, inclusive. 
The said poll-books were opened at the time required by law, and by 
the proper officers, and certificates of the votes cast were duly trans¬ 
mitted to the State board at Frankfort, and upon a comparison of the 
vote sent the said State board, upon all the returns sent in, according 
to law, at the proper time awarded me the certificate of election. 
Before the said certificate was granted the result was published in 
the public newspapers?, by which I received a majority of three votes ; 
and so soon as said publications were made, it was pretended that a 
mistake of ten votes had been made against you at the Kettle Creek 
precinct, in Cumberland county. It is true that an amended certifi¬ 
cate, signed by only two of the examiners for Cumberland county, 
was sent to the State board at Frankfort, and they refused to receive 
the same, upon the ground that the county board had no right to 
reassemble after the time fixed by law, and amend a certificate once 
transmitted and made out at the proper time. They were, to all intents 
and purposes, functus officio. Before, however, the amended return 
was sent from Cumberland county, a mistake to my prejudice of four 
votes was discovered on the poll-books of Boyle county, and an 
amended return stating this fact was transmitted by the county board 
of Boyle to the State board at Frankfort, and when this fact was made 
public in the district that such an amended return had been sent, nearly 
every democrat in the community, and yourself included, stated that 
it would be a gross outrage for the State board to receive additional 
returns after the official vote had once been sent in. It was then 
supposed that the vote between us was a tie, and by the laws of Ken¬ 
tucky in such cases the casting of lots was required, and your 
chances for an election would have been equal with my own. When 
you and your friends, however, heard of this pretended mistake in 
Cumberland county, you shifted positions and contended that the 
board ought to receive amended returns. “ The case being altered, 
altered the case.” I contend that the State board at Frankfort acted 
lawfully and properly, and I refer you to their published statement, 
signed by the governor, secretary of state, and attorney general 
of Kentucky. I do not know and I do not admit that the mistake that 


KENTUCKY CONTESTED ELECTION. 


243 


you complain of occurred. It may be true, according to the books as 
they now stand, that such a mistake was made, but it is exceedingly 
strange that the mistake was not discovered for nearly two weeks 
after the comparison of the polls, and that comparison, too, made in 
the presence of a number of your friends, who aided in the addition 
of the books, and also after it was ascertained from the returns sent 
in that I was elected by a majority of three votes. If, however, the 
mistake really did occur, I notify you that mistakes of a similar 
character, and others of a different character, were made against me, 
of which I will speak more particularly hereafter. I deny the charges 
made in paragraph No. 1 of your pretended notice. 

I deny the charges in paragraphs 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 
12 of your said notice. 

I deny that the persons you have named as having voted for me 
were illegal voters, as I will make fully to appear by the proof in 
proper time. 

I shall, upon the trial of the contest, challenge and insist upon 
striking off the votes of the following named persons, recorded on the 
poll-books at various precincts in the district, and for the reasons set 
forth next to the name of each. 

1. Henry M. Antle or Antell—who voted in "White Oak district, in 
Adair county, because he lived in the county of Russell. 

2. It. M. Barnard—who voted at the same district, in the same 
county, because he had not been in the State, county, or precinct for 
the time required by law. 

3. George Simpson—who voted in the same district, in the same 
county, for the same reasons as above. 

4. Ben. F. Allan—who voted at the Neatsville district, in Adair 
county, because he was a resident of and lived in the White Oak 
district. 

5. Milton Polly—who voted at White Oak precinct, in Adair county, 
because he lived in the Harmony district. 

6. Elijah Leach—who voted at the same district, in the same county, 
because he was not a resident of said precinct for the time required 
by law. 

7. James B. Royse—who voted at the Columbia precinct, in Adair 
county, because he lived at the time at Haysville, in Marion county. 

8. Wm. P. Royse—who voted at the same district, in the same 
county, for the same reason as above. 

9. James Rayner—who voted at the Gradyville precinct, in same 
county, because he was not a resident ot said precinct. 

10. Wm. Woodard—who voted at the same district, in the same 
county, because he was not a resident of the county or precinct in 
which he voted for the time required by law. 

11. George Green—who voted at the Harmony district, in same 
county, because he was not twenty-one years of age. 

12. James Jones—who voted at Neatsville district, in same county, 
for the same reason as above. 

13. Jonathan McElroy—who voted at the Harmony district, in same 
county, because he was not a resident of the county or precinct in which 
he voted for the time required by law. 


244 


KENTUCKY CONTESTED ELECTION. 


14. George D. Eedraon—who voted at the White Oak district, in 
same county, because he was not twenty-one years of age. 

15. William alias Peter Walkup—who voted at White Oak dis¬ 
trict, in Adair county, because he was not a resident of said district 
for the time required by law, and in fact was a resident of the 
Harmony district, in same county. 

16. J. N. Vaughn—who voted at the same place, in same county, 
for the reason as above. 

17. Samuel Vier—who voted at Columbia district, in same county, 
because he was not a resident of the State, county, or precinct in which 
he voted for the time required by law. 

18. William Vier—who voted at the same place as above, and for 
the same reason. 

19. Joshua Prewett—who voted at the White Oak district, in 
Adair county, because he was a resident of Neatsville district, and 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

20. Irvine Keaton—who voted at the Harmony district, in Adair 
county, because he was not a resident of the county or district in 
which he voted for the time required by law ; in fact, he was a resi¬ 
dent of the county of Cumberland. 

21. Nathaniel Wade—who voted at Gradyville district, in same 
county, because he was not twenty-one years of age. 

22. William J. Cooley—who voted at the Neatsville district, in 
same county, because he was not a resident of said district for the 
time required by law. 

23. William Bryant—who voted at the same place as above, and 
because of the same reason as above. 

24. Morgan Simpson alias E. W. Simpson—who voted at Neats¬ 
ville, in same county, because he was not twenty-one years of age. 

1. Nicholas Walter or Walters—who voted at district No. 3, in 
Boyle county, because he was not a resident of the county or precinct 
in which he voted for the time required by law. 

2. A. G. Talbot, jr.—who voted at precinct No. 4, in same county, 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

3. Chas. Voss—who voted at the same district, in same county, for 
the same reason as last above stated. 

4. William Crow—who voted at district No. 3, Boyle county, for 
the same reason as last above named. 

5. C. P. Springer—who voted at district No. 3, in Boyle county, 
because he was not a resident of the county or precinct in which he 
voted, and for the time required by law. 

6. A. Fulkerson, jr.—who voted in district No. 2, in Boyle county, 
because of the same reason as last above named. 

7. James Owens—who voted at district No. 3, in Boyle county, 
because of the same reason as last above named. 

8. Garrett Lane—who voted at district No. 3, in Boyle county, 
because of the same reason as last above named. 

9. Henry White—who voted at district No. 3, in Boyle county, 
because of the same reason as last above named. 


KENTUCKY CONTESTED ELECTION. 


245 


10. Abel Reeves—who voted at precinct No. 3, in Boyle county, 
because of the same reason as last above named. 

11. Samuel Goode—who voted at district No. 1, of Boyle county, 
because of the same reason as last above named. 

12. James Brennan—who voted in district No. 1, of Boyle county, 
because he is a foreigner, and not a citizen of the United States. 

13. John Haggin—who voted at district No. 2, of Boyle county, 
because of the same reasons as last above named. 

14. William Staley—who voted at same place, because of same 
reason as last above named. 

15. Michael Maho—who voted at same place, and because of same 
reasons as last above named. 

16. Patrick Conley—who voted at same place, and because of same 
reason as last above named. 

IT. Frank O’Neil—who voted at district No. 4, of Boyle county, 
and because of same reason as last above named. 

18. James Fitzsimmons—who voted at same place, because of same 
reason as last above named. 

19. Henson Gee—who voted in district No. 1, in Boyle county, 
because he is an idiot. 

1. James F. Alstott alias Fletcher Alstott—who voted at Bolling 
Fork precinct, in Casey county, because he was not twenty-one years 
of age. 

2. Michael McCarty—who voted at same place as last above named, 
because he was a foreigner, and not a citizen of the United States. 

3. Isaac Roaten—who voted at Liberty precinct, in Casey county, 
because he was not a resident of the State, county, or precinct in which 
be voted for the time required by law. 

4. James Wilson—who voted at Liberty precinct, in Casey county, 
because of the same reason as last above named. 

5. J. E. King—who voted at the Jenkins district, in Casey county, 
because he was not twenty-one years of age. 

6. J. H. Bryant—who voted at the Rolling Fork precinct, in Casey 
county, because he was indicted, sentenced, and convicted to the peni¬ 
tentiary from said county for felony, and served his time out in the 
penitentiary, and was thereby legally disfranchised. 

7. Martin B. Blevins—who voted at the Tates district, in Casey 
county, because he was not a resident of said district for the time 
required by law. He was, in fact, a resident of the Jenkins dis¬ 
trict. 

8. Commodore Minor—who voted at Rolling Fork precinct, in 
Casey county, because he had before the election removed to Marion 
county, and was not a resident of the county in which he voted. 

1. Thomas Stockton—who voted in district No. 4, Clinton county, 
because he was not a resident in the State, county, or precinct in 
which he voted for the time required by law. 

2. James Johnson, jr.—who voted in district No. 1, of Clinton 
county, because he resided in district No. 4, ol said county. 

3. John Semans—who voted in district No. 3, of Clinton county, 
because he was under twenty-one years of age. 


246 


KENTUCKY CONTESTED ELECTION. 


4. John Hughes—who voted at district Ho. 2, of Clinton county, 
because of the same reason as last above named. 

5. Elijah Brown—who voted in district Ho. 5, of same county, and 
for the same reason as last above named. 

6. John Guthrie—who voted in district Ho. 1, of Clinton county, 
because he lived at the time in district Ho. 3, of said county. 

7. S. J. Vance—who voted in district Ho. 5, in Clinton county, 
because he lived at the time in district Ho. 4, of said county. 

8. Joshua Birdwell—who voted in district Ho. 2, of Clinton county, 
because he lived in district Ho. 1, of said county. 

9. George Wilkerson—who voted in district Ho. 2, of Clinton county, 
because he was a foreigner and not a citizen of the United States. 

10. Jno. Travis—who voted at same place as last above named, 
and because of same reasons. 

11. David Gwinn—who voted at the Albany district, of Clinton 
county, because he lived at the time in the Hays district, of said 
county. 

12. James Hail—who voted in district Ho. 3, of Clinton county, 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

13. Calvin Givens—who voted at the Albany district, in Clinton 
county, because he is non compos mentis , in other words, an idiot. 

14. Frederick Greir—who voted at the Piney Woods district, in 
Clinton county, because he is a foreigner and not a citizen of the 
United States. 

1. Samuel Sparks—who voted at Burksville precinct, in Cumber¬ 
land county, because he was not a resident of the State, county, or 
precinct in which he voted for the time required by law. 

2. James II. Bird—who voted at same place, and for the same 
reasons as last above named. 

3. Henry Smith—who voted at same place, and for same reasons as 
last above named 

4. John Hiel—who voted at same place, and for same reasons as 
last above named. 

5. Ben. Farmer—who voted at same place, and for same reasons as 
last above named. 

6. G. J. Furkin—who voted at same place, and for same reasons 
last above named, and because he lived at the time in the Elliott dis¬ 
trict of said county. 

7. Jno. Wright—who voted at same place, and because he was not 
a resident of the State, county, or precinct in which he voted for the 
time required by law. 

8. J. W. Poulson—who voted at Kettle Creek precinct, in Cum¬ 
berland county, because of the same reasons as last above named. 

9. Jacob Dalworth—who voted at same place, and for same reasons 
as last above named. 

10. A. J. Wilkerson—who voted at Whetstone district, in Cumber¬ 
land county, because he resided at the time in Adair county. 

11. John Cooksey—who voted at same place, because he resided at 
the time in Clinton county. 

12. John Johnson—who voted at the Kettle Creek precinct, in 
Cumberland county, because he was not 21 years of age. 


KENTUCKY CONTESTED ELECTION. 


247 


13. Henry Givens—who voted at the Whetstone precinct, in Cum¬ 
berland county, because he had not been a resident of the State, 
county, or precinct in which he voted for the time required by law. 

14. James Smith—who voted at the Kettle Creek precinct, in Cum¬ 
berland county, because he had not been in the State or county the 
time required by law, and because he was at the time a resident of 
Tennessee. 

15. Alfred Scott—who voted at same place, and for same reasons 
as last above named. 

16. John Powell—who voted at the Elliott district, in same county, 
because he was not a resident of the State, county, or district in which 
he voted for the time required by law. 

17. Humphrey Krider, or Crider—who voted at the Elliott district, 
in Cumberland county, because he was not 21 years of age. 

1. Sara. Powell—who voted at Stanford, in Lincoln county, because 
he was not a resident of the State, county, or precinct in which he 
voted for the time required by law. 

2. John Severance, jr.—who voted at Crab Orchard precinct, in 
Lincoln county, because he was not at the time a resident of the county 
or precinct in which he voted. 

3. Stephen Blankenship—who voted at the same place as last above 
named, because he was at the time a resident of Walnut Flat district. 

4. J. Waterhouse—who voted at same place as last above named, 
because he had not been a resident of the State, county, or precinct 
in which he voted for the time required by law. 

5. G. Payne—who voted at Crab Orchard precinct, in Lincoln 
county, because of the same reasons as last above named. 

6. Wiley Davis—who voted at the same place, because of the same 
reasons above last named. 

7. Stout Higgins—who voted at the Walnut Flat precinct, in Lin¬ 
coln county, because he had lost his citizenship in said district, and 
because he had not been in the State, county, or district in which he 
voted for the time required by law. 

8. William Lyton—who voted at Waynesburg, in Lincoln county, 
because he was not a resident of the State, county, or precinct in which 
he voted for the time required by law. 

9. James Stout—who voted at the same place, and because of the 
same reasons as last above named. 

10. Zach. Cash—who voted at the same place, and because of the 
same reasons as last above named. 

11. Levi Cotten—who voted at Turnersville precinct, in Lincoln 
county, because he was not a resident of said precinct, and because at 
the time he actually lived in Casey county. 

12. Cornelius Campbell—who voted at Hustonville, in Lincoln 
county, because he was a foreigner and not a citizen of the United 
States, and not a resident of the State, county, or precinct in which 
he voted for the time required by law. 

13. John Shenan or Shenandow—who voted at the same precinct 
ns last above named, and because he was not 21 years of age. 

14. Charles McWilliams—who voted at the same precinct as last 


248 


KENTUCKY CONTESTED ELECTION. 


above named, because be was not a resident of tbe county or precint in 
which he voted for the time required by law, and because he was at 
the time a resident of Fayette county, Kentucky. 

15. Adam Petree—who voted at the Crab Orchard precinct, in 
Lincoln county, because he was not 21 years of age. 

Jesse Hoythe—who voted at Waynesburg, in Lincoln county, be¬ 
cause he had before the election removed to Rockcastle, and was not 
a resident of the precinct in which he voted. 

1. L. E. Reed—who voted at Creelsborough district, in Russell 
county, because he had not been in the State, county, or precinct the 
time required by law. 

2. James M. Luster—who voted at the same place, because of the 
same reasons as last above named. 

3. Silas alias Cyrus Collins—who voted at same place, and because 
of same reasons as last above named. 

4. Albert McDowell—who voted at precinct No. 1, in Russell 
county, because he was at the time a resident of precinct No. 2, in 
said county. 

5. William Sharp—who voted in Jamestown, Russell county, be¬ 
cause he was not at the time a resident of said precinct. 

6. Elijah Lowe—who voted at the Wolf Creek precinct, in Russell 
county, because he had not been a resident of the State, county, or 
precinct for the time required by law. 

7. Lindsey Brummett—who voted at Lairsville precinct, in Russell, 
because he lived at the time in Clinton county. 

8. James P. Miller—who voted at Creelsboro’, in Russell county, 
because at the time he was a resident of Adair county. The acts of 
the general assembly of the State of Kentucky for 1825 makes the 
house in which said Miller resides in Adair county; pages 40 and 41. 

9. Allen Rytre—who voted at Creelsboro', in Russell county, be¬ 
cause he was at the time a resident of Clinton county. 

1. William Redding—who voted at Salem precinct, in Taylor county, 
because he had not been a resident of the State, county, or precinct 
the time required by law, and because he refused to be sworn. 

2. William Sullivan, jr.,—who voted at the same place, and for 
the same reasons (first) last above named. 

3. James H. Ratliff—who voted at Little Pinchem district, in Tay¬ 
lor county, because of the same reasons last above named. 

4. Frank Rhodes—who voted at the Newsville district, in Taylor 
county, because he was not twenty-one years of age. 

5. Marian Peterson—who voted at the Campbellsville district, in 
Taylor county, because he was not a resident of the State, county, or 
precinct for the time required by law. 

6. Milton Simpson—who voted at Little Pinchem precinct, in Tay¬ 
lor county, because of the same reasons as last above named. 

7. Henry Sheffner—who voted at same place as last above named, 
because he was not twenty-one years of age. 

I deny that William Davis, and Jackson D. Richardson, and Wil¬ 
liam R. Cumbess, voted for you, and were so cried by the sheriff, and 
that the clerk omitted to record them for you; but I state that the 
same were properly recorded. 


KENTUCKY CONTESTED ELECTION. 


249 


I deny that the judges and clerk of election at the district in which 
Wiley Turner voted erased his name and vote without just reasons. 

I deny that the judges without good reasons refused to receive the 
vote of Anderson Hare. 

I deny that upon the poll-books the names of N at. Harmon, George 
W. Crane, and Samuel Leffew, are recorded for me; but they voted 
for and are recorded for you. The vote of Nelson Pendergraft is re¬ 
corded for me, and I state that he so voted, and his vote was so re¬ 
corded by the clerk at the time. 

I deny that George Jones voted for you; I state that he voted for 
me at the polls, and was so recorded. 

I deny that the poll-hooks of the Ireland precinct, in Taylor county, 
are improperly certified; and also deny that the officers of said pre¬ 
cinct were not sworn according to law. 

I also deny that the poll-book of district No. 7, in Wayne county, 
was illegally and improperly certified. 

You are hereby notified that I shall object to, and insist upon re¬ 
jecting, the poll-book and the votes thereon recorded, of the Casey Creek 
precinct, in Casey county, because there is no certificate whatever 
upon said book. At said precinct the vote stood: Anderson, 49; 
Chrisman, 95. I shall also object to, and insist upon rejecting, the 
poll-book, and the votes thereon recorded, of the Harmony district, in 
Adair county, because the same is not certified according to law. At 
said precinct the vote stood Anderson, 37; Chrisman, 230. 

I shall also object to, and insist upon rejecting, the poll-book and 
votes thereon recorded, of the Whetstone precinct, in Cumberland 
county, because the same was not certified as required by law. I shall 
also object to, and insist upon rejecting, the poll-book and the votes 
thereon recorded, of the Mansville district in Taylor, because the same 
was not certified as required by law. 

I shall also object to, and insist upon rejecting, the poll-books and 
the votes thereon recorded, of all the precincts in Wayne county, be¬ 
cause they were never sealed up and delivered to the clerk as required 
by law ; and if so delivered, were broken open before the time fixed by 
law, and also because the said poll-books were in your possession, and 
inspected by you and your political friends before the day fixed for the 
comparison of the polls. 

I shall object to, and insist upon rejecting, all the poll-books of Tay¬ 
lor county, because the same were not sealed up and delivered accord¬ 
ing to law ; and if so sealed and delivered, the seals were broken and 
the books opened before the day fixed by law for the comparison. 

I shall also object to, and insist upon rejecting, all the poll-books of 
Green county, because the same were not certified, sealed, and deliv¬ 
ered according to law ; and if so certified, sealed, and delivered, the 
seals were broken open on Tuesday (by your democratic friends) next 
after the election, and before the comparison. 

I shall also insist upon counting in my favor the following votes, 
which were cast for me, and were omitted to be recorded by the clerk: 

Bichard Pendergraft—who voted at district No. 1, in Boyle county. 

Henson Pendergraft—who voted at the same place. 


250 


KENTUCKY CONTESTED ELECTION. 


David Wells—who voted at the Burksville precinct, in Cumberland 
county. 

Bethel, alias B. Compton—who voted at Gradyville precinct, in 
Adair county. 

A. J. York—who voted at district No. 3, in Clinton county. His 
name is recorded for W. A. Hoskins, a candidate for the State senate, 
instead of for Anderson for Congress. His name being recorded for 
Hoskins and Boles, who were both candidates for the senate. 

I shall also insist upon striking from your poll and adding to my own 
the vote of J. T. Reynolds, who voted in district No. 3, in Boyle 
county. He voted for me, and his vote was, by mistake of the clerk, 
recorded for you. 

James Jones—who voted at Gradyville precinct, in Adair county. He 
voted for me, and his vote, by mistake of the clerk, is recorded for you. 

Cyrus Todd—who voted at the White Oak precinct, in Adair county; 
he voted for me, and his vote, by mistake of the clerk, was recorded for 
you. 

I shall also insist upon striking from your poll the vote of Samuel 
M. Baker, who voted at Columbia, in Adair county. He voted for 
me, and his vote, by mistake of the clerk, was recorded for you and 
me both. 

M. Rhyne, F. L. Thomas, A. Palston, Ben Austin, J. C. Williams, 
J. C. Cundiff, W. L. Baldock, W. J. Jones, Bird Russell, J. Abb- 
shear, all of whom voted at the Tate precinct, in Casey county, and 
their votes are recorded for you and me both, when they all voted for 
me. 

William Curry—who voted at Columbia, in Adair county. He 
voted for me, and his vote, by mistake of the clerk, is recorded for you. 

I shall also insist upon adding to my poll the names of the follow¬ 
ing voters, who were legal voters, and offered to vote, and were im¬ 
properly and illegally rejected by the judges of the election : 

Charles B. Kirkland—who offered to vote at precinct No. 1, Boyle 
county. 

B. W. Moss—who offered to vote in precinct No. 2, in Boyle county. 

Isaac F. Kees—who offered to vote at Greensburg, in Greene county. 

I shall also insist on excluding the votes of the following named 

persons who were permitted to vote after the time fixed by law for 
closing the polls: 

Frank Dulany—who voted at the Crab Orchard precinct, in Lincoln 
county. 

William Griffin—who voted at same place. 

John Shilton, alias Chilton—who voted at the Jamestown precinct, 
in Russell county. 

I shall also insist upon adding to my poll the votes of the following 
named persons who voted for me, and were so recorded, and their 
votes stricken from the books by the judges of the election after said 
voters had left the polls, and were not recalled, and without their 
consent or approbation : 

Archibald Lindville—who voted at district No. 4, in Clinton county. 

Jesse Lindville—who voted in district No. 1, in Clinton county. 

W. A. Ellis—who voted in district No. 4, same county. 


KENTUCKY CONTESTED ELECTION. 


251 


I shall insist upon rejecting the 3d page of poll-book of precinct 
No. 5, in Russell county, because the same was not signed by tho 
clerk, as required by law. On that page the vote stood : Chrismau, 
18 ; Anderson, 9. 

I shall also insist on striking from your poll the vote of W. R. 
Bowman, alias William Bowman, who voted in district No. 2, in 
Boyle county, because said Bowman gave no vote in the congressional 
race, and, by mistake of the clerk, his vote has been recorded for you. 

I shall also insist upon striking from your poll the vote of George 
R. Vaught, who voted at the Somerset district, in Pulaski county, 
because the vote of said Vaught was recorded by the clerk for you 
and myself both, when he voted for me. 

I shall also insist upon rejecting the poll-book, and votes thereon 
recorded, of the Bent district, in Pulaski county, because three of the 
officers who held the election in said district were of the same 
politics with yourself, and opposed to me in politics, when, by the 
laws of Kentucky, there should have been an equal division of the 
officers, if they could have been found in the district; and I allege 
that there were enough voters residing in the district who agreed with 
me in politics to have filled said offices. T state that Joseph Randall, 
a judge, Greenup Meece, sheriff, and Willis J. Stogsdill, clerk, of 
said district, are all democrats, and agree with you in politics, and 
held the election at said district; and at the district the vote stood : 
Chrisman, 68 ; Anderson, 2. 

I shall also insist that the vote of Frank Harrison, who voted at 
the Somerset precinct, in Pulaski county, be so changed as to give his 
vote to me alone. By a mistake of the clerk he is put down as hav¬ 
ing voted for me and you both, when he voted for me alone. 

You claim that at the Kettle Creek precinct, in Cumberland county, 
a mistake of ten votes was made to your prejudice. If you receive 
the benefit of such pretended mistake—and I deny that such a mis¬ 
take was made—I shall claim that the whole vote of Kettle Greek 
precinct be rejected, because the vote of said precinct, or a large por¬ 
tion thereof, was recorded by one C. C. Huges, who was not the clerk 
of said election, and had no authority to act as such. 

I also claim that my actual majority from the county of Boyle was 
490 votes, when, according to the returns sent to Frankfort, it was 
only 486, and so counted in the returns. . . 

In the account sent to Frankfort from Adair county the majority 
against me was 550, when the actual majority was only 549. 

There are other mistakes to my prejudice, as I will show by the 
proof. According to the laws of Kentucky, voting has to be done 
viva voce , and clerks of elections may and actually do make mistakes, 
and many have been made to my prejudice. The democracy regard 
everything fair in politics, and after you had been defeated you ought 
to have submitted. Because frauds have been heretofore perpetrated 
by your party in elections, and men defeated when they were fairly 
elected, is no reason why you should now claim my seat. I therefore 
say you cannot chisel me out of my seat, to which I am fairly and 

^The'treasury at Washington is empty, and will doubtless bo iC 


252 


KENTUCKY CONTESTED ELECTION. 


Buchanan democracy is continued in power. I am informed, and 
shall insist upon, and expect to prove, that you have said that you 
did not desire to contest my seat, but some of your party forced you 
to do it; and, even if defeated in Congress, you would get the mileage 
and compensation anyhow. 

4. Daniel Sullivan, sr.—who voted at the Greensburg district, 
Greene county, because he was not a resident of the State, county, 
and district the time required by law. 

5. Seldon Renfro—who voted at district No. 5, in Greene county, 
because of the same reasons as last above named. 

6. Thomas Elmore—who voted at district No. 4, in Greene county, 
because he was not 21 years of age. 

1. John Ping—who voted at the Dallas district, in Pulaski county, 
because he had not been a resident of the State, county, or district 
for the time required by law. 

2. William Thompson—who voted at the Dallas district, in Pulaski 
county, because he was not twenty-one years of age. 

3. William Pierce—who voted at the Harrison district, in Pulaski 
county, because he was not twenty-one years of age. 

4. David Sadler—who voted at the Harrison district, in Pulaski 
county, because he was not a resident for the time required by law ; 
in fact, he was a resident of Logan county, Kentucky, at the time of 
said election. 

5. Leroy Whitiss—who voted at the Gaines district, in Pulaski 
county, because he was not twenty-one years of age. 

6. Samuel Garland—who voted at the Point Isabel district, in Pu¬ 
laski county, because he had been indicted, convicted, and sentenced 
to the penitentiary, for felony in Whitley county, and served his time 
out therein, and was thereby by law disfranchised. 

7. Eli Dykes, jr—who voted at the Somerset district, in Pulaski 
county, because he was a resident of the Bent district, Pulaski county, 
at the time of said election. 

8. John L. Logan—who voted at the Harrison district, in Pulaski 
county, because he was not a resident of the State, county, or district 
for the time required by law. 

9. Samuel Thacker—who voted at the Juggernaut district, in Pu¬ 
laski county, because he had been indicted, convicted, and sentenced 
to the penitentiary, and served his time out therein, and was thereby 
disfranchised. 

10. Wesley Neal—who voted at the Buncombe district, in Pulaski 
county, because he was not a resident of the State, county, or district 
for the time required by law. 

11. Norris Williams—who voted at the Bent district, in Pulaski 
county, because he was not a resident of the State, county, or district 
for the time required by law. 

12. Washington Reynolds—who voted at the Bent district, in Pu¬ 
laski county, because of the same reasons as last above stated. 

13. James Parton—who voted at the Harrison district, in Pulaski 
county, because he was not twenty-one years of age. 

14. John Elder—who voted at the same district, for the same rea¬ 
sons above. 


KENTUCKY CONTESTED ELECTION. 


253 


15. Pleasant Jeffries—who voted at the Juggernaut district, in 
Pulaski county, because he was a foreigner, and not a citizen of the 
United States. 

10. Thomas Jenkins—who voted at the same district, and for the 
same reasons as above. * 

17. Henderson Angell—who voted at the same district, because he 
was not a resident of the State, county, or district for the time re¬ 
quired by law. 

18. Patrick Doyle—who voted at the same district, because he was 
not a resident of the State, county, or district for the time required 
b} r law. 

19. Samuel Hansard—who voted at the same district, because there 
is no such voter living in said district. 

20. John Davis—who voted at the Somerset district, Pulaski county, 
because he was not twenty-one years of age. 

21. William Burton, son of Benjamin Burton—who voted at the 
Gaines district, Pulaski county, because he was not twenty-one years 
of age. 

22. Dunny Lustre, son of Jessie Lustre—who voted at the same 
district, and for the same reason. 

23. J. J. Smiley—who voted at the Grundy district, Pulaski county, 
because he was not a resident of the State, county, or district for the 
time required by law. 

24. Emerson Strunk—who voted at the Texas district, Pulaski 
county, because he was not twenty-one years of age. 

25. Joseph Keith—who voted at the same district, and for the 
same reason. 

26. Daniel Chitwood—who voted at the same district, because he 
was not a resident of the State, county, or district for the time re¬ 
quired by law. 

27. Jonathan Abbott—who voted at the same district, and for the 
same reason. 

28. John Brown—who voted at the same district, and for the same 
reason. 

29. Elijah Burton—who voted at the Gaines district, Pulaski 
county, because he was not twenty-one years of age. 

1. Samuel Chaney—who voted at the district No. 5, in Green 
county, because he was not twenty-one years of age. 

2. Isaac Hartfield—who voted at district No. 4, in said county, be¬ 
cause he was a foreigner, and not a citizen of the United States. 

3. Samuel Bennett, jr—who voted in the same district last named, 
because he was not a resident of the State, county, or precinct for the 

time required by law. . ___ 

1. George W. St. Johns—who voted at the district No. 1, v\ ayne 
county, because he was not a resident of the State, county, or precinct 
for the time required by law. 

2. William Boston—who voted at district No. 1, of said county, 
because he was not a resident of the county or district for the time 
required by law. 

3. Charles Mitchell—who voted at the same place, because he has 


254 


KENTUCKY CONTESTED ELECTION. 


not been a resident of the State, county, or district for the time re¬ 
quired by law. 

4. E. £. Jones—who voted at the same district, because he is a for¬ 
eigner, and not a citizen of the United States, nor a resident of the 
State, county, or district the time required by law. 

5. J. J. Shepperd—who voted at the same district, because he was 
not a resident of the State, county, or precinct for the time required 
by law. 

6. Henry Graer—who voted at the same district, because he is a 
foreigner, and not a citizen of the United States. 

7. A. K. Russell—who voted at the same district, because he was 

not a resident of the State, county, or district for the time required 
by law. 0 

8. James Low—who voted at the same district, because he wa4 
not a resident of the county or district for the time required by law. 

9. E. F. Wallen—who voted at the same district, because he was 
not a resident of the State, county, or district for the time required 
by law. 

10. Henry Martin—who voted at the same district, because he is a 
foreigner, and not a citizen of the United States. 

11. Andrew Henny—who voted at the same district, because he is 
not twenty-one years of age. 

12. John Chriswell—who voted at the same district, because he was 
not a resident of the county or district for the time required by law ; 
in fact, he is a resident of Clinton county, Kentucky. 

13. G. B. Yaughn—who voted at the same district, because he is , 
not a resident of the district. 

14. Shelby Thomas—who voted at the same district, because he is 
not twenty-one years of age. 

15. Charles Orman—who voted at the same district, because he is 
a foreigner, and not a citizen of the United States. 

16. Geo. Smith—who voted at the same district, because he is not 
twenty-one years of age. 

17. Wm. Terry—who voted at the same district, because he was 
not a resident; in fact, he was a resident of Russell county at the time 
of the election. 

18. Geo. Arthur—who voted at the same district, because after he 
had voted for me, and left the polls, his name was erased from the 
poll-books. 

19. J. McBlack—who voted at the Mill Springs district, Wayne « 
county, because there is no such a voter in the district. 

20. Seaburn Crutchfield—who voted at the Mill Springs district, in 
Wayne county, because he was not resident of the county, State, or 
district for the time required by law ; in fact, he is a resident of 
Kansas Territory, and voted, or said he voted, in said Territory; and, 
further, because he is not entitled to vote in Kentucky, or anywhere 
else, he being under twenty-one years of age. 

21. Thos. Rutherford—who voted at the same district, because he 
is not twenty-one years of age. 

22. Marion Stevenson—who voted at the same district, because he 
is not a resident of the county or district for the time required by law. 


KENTUCKY CONTESTED ELECTION. 255 

23. Thos. Mus—who voted at the same district, for the reason last 
above named. 

24. Wm. Scantland—who voted at the same district, because he is 
not twenty-one years of age. 

25. Samuel Pennington—who voted at the same district, because 
he was not a resident of the State, county, or district for the time re¬ 
quired by law. 

26. Jno. Fredricks—who voted at the same district, because he is 
a foreigner, and not a citizen of the United States. 

27. James Daws—who voted at the same district, because he is not 
a resident of the county or district; in fact, he is a resident of Pulaski 
county. 

28. Wm. Dobkins—who voted at the same district, because he was 
not a resident of the State, county, or district for the time required by 

law. 

29. H. P. Jones—who voted at the same district, because he was 
not a resident of the county or district for the time required by law. 

30. S. A. Hutchison—who voted at the same district, because he is 
not twenty-one years of age. 

31. Wm. Weaver—who voted at the same district, because, after he 
had voted, and several other voters had voted after him, he had his 
vote recorded for you, he not having voted for you, when he first cast 
his vote for other democratic candidates for the various offices of the 
State, &c. 

32. Thomas Simpson—who voted in Mill Springs district, because 
he is under twenty-one years of age. 

33. George Payn—who voted at the same district, because he is an 
idiot. 

34. F. M. Marcum—who voted at the same district, because after 
he had recorded his vote for me, and had left tbe polls, his name was 
erased from the poll-book, so far as his having voted for me. 

35. William Foster, jr.—who voted in Mill Springs district, be¬ 
cause he is under age, and not a resident of tae district, as required 
by law. 

36. Alherry Shoat—who voted at the Edwards district, in Wayne 
county, because he was not a resident of the county for the time re¬ 
quired by law. 

37. Emerson Hancock—who voted at the same district, because he 
was Lot 21 years of age. 

38. Wm. Rule—who voted at the same district, for the same 
reason last stated. 

39. Shelby Denny—who voted at the same district, for the same 
reason last stated. 

40. Wm. Carter—who voted at the same district, because he was 
not a resident of the State, county, or district for the time required 
by law. 

41. Granville Morgan—who voted at the same district, because he 
is not 21 years of age. 

42. C. F. Kidd—who voted at the same district, because he was 
not a resident of the State, county, or precinct for the time required 
by law. 


256 


KENTUCKY CONTESTED ELECTION. 


43. Wm. Sloan, jr.—who voted at the same place, because of the 
reasons above named. 

44. Berry Shoat—who voted at the same place, because of the 
reasons above named. 

45. Andrew Hail—who voted at the South Fork district, in Wayne 
county, because he was not 21 years of age. 

46. Granville Spradlen—who voted at the same place, because he 
was not 21 years of age. 

47. William Breuster—who voted at the same place, because he 
was not a resident for the time required by law. 

48. Peter Phipps—who voted at the same place. He only voted 
for W. A. Hoskins, a candidate for the State senate ; he did not vote 
in the congressional race, and his vote, since the polls were returned, 
has been put down for Chrisman. 

49. Patten Foster—who voted in district No. 7, Dobbsville, be¬ 
cause he was not a resident for the time required by law. 

50. William King—who voted at the same place, because he was 
not 21 years of age. 

51. James Davis—who voted at the same place, and because he 
was not'a resident for the time required by law. 

52. Frank Winchester—who voted at the same place, because of 
reasons last above named. 

53. Hiram Troxdall—who voted at the same place, because he was 
not 21 years of age. 

54. Bryant Thurston—who voted at the Mullentown district, 
Wayne county, because he was not 21 years of age. 

55. Granville Shoat—who voted at the same place, because he was 
not a resident for the time required by law. 

56. William Kennedy—who voted at the Sinking district, in 
Wayne county, because he was not a resident for the time required 
by law. 

57. Isaac Mason—who voted at the same place, because he is not a 
legal voter. 

58. Stephen Loveall—who voted at the same place, because he is 
under 21 years of age. 

59. Gideon Loveall—who voted at the same place, because he is 
not a legal voter. 

60. Christopher Jones—who voted at the same place, because he is 
not 21 years of age. 

61. John Henry—who voted at Mullenton, because he was not a 
resident of the county, State, or district the time required by law. 

I have denied the charges in the paragraphs named, and may have 
omitted to speak of some special charges in your pretended notice ; if 
so, I hereby deny them ; but I do admit that Abraham Mounce, 
whose vote you challenged, as I suppose, was not a legal voter ; for, 
if you will examine the poll-books, you will find that the said Mounce 
voted for you, and is so recorded and counted. 

You have also challenged the vote of James Low. The said 
Jimmy voted for you, and is so recorded, and the same is illegal; 
and I therefore admit that, as he voted for you, his vote is illegal. 


KENTUCKY CONTESTED ELECTION. 


257 


I have been persecuted by the leaders of the democratic party, and 
my seat in the Congress of the United States has been contested ; but 
I expect to prove, and will prove, before said Congress that I am 
honestly, fairly, and legally elected to that position ; and I will state, 
that in the discharge ot the high duty as the representative from the 
fourth congressional district of Kentucky, I will endeavor to so act as 
to meet with the confidence and respect of my constituents. The war¬ 
worn veteran ; the children of the country ; the widow ; the orphan ; 
shall, as far as my feeble efforts are concerned, be fully rewarded. 

W. C. ANDERSON. 


Commonwealth of Kentucky to any constable or sheriff of Wayne 

county: 

You are commanded to summon Amanda Kennet, M. Stephens, 
Lydia Henry, Thomas Lair, William Lair, W. C. Turner, William H. 
Dugger, and Joseph Sumpter, to appear at the court-house in the town 
of Monticello, Wayne county, on the 5th day of December next, to give 
their depositions to be used as evidence before the House of Represent¬ 
atives of the next Congress of the United States in a contested elec¬ 
tion, wherein James S. Chrisman contests the right of W. C. Ander¬ 
son to a seat in said body; herein they will fail not, and you return 
this writ. 

Given under my hand this 16th day of November, 1859. 

G. W. MILLS, 

Presiding Judge , Wayne County Court. 

Executed November 17, 1859, on William H. Dugger, W. C. Turner, 
Joseph Sumpter, Thomas Lair, Amanda Kennet and William Lair ; 
Lydia Henry not to be found. 

A. M. SHEPPERD, 

Clerk of Wayne County Court . 

December 2, 1859. 

The Commonwealth of Kentucky to the sheriff of Wayne County : 

You are commanded to summon Anderson Epperson, L. A. Lanier, 
John Morris, Nancy Hutchison, William L. Sampson, and R. M. 
Tate, to appear before me at the court-house in Monticello, on the 
5th day of December next ; also summon A. R. West, William 
Brown, Wiley Johnson, Alin Jones, James Hutchison, H. Johnson, 
James R. Brown, L. D. Hutchison, Jerry Sloan, jr., Wash. Jones, 
James R. Dodson, Newton Powell, J. R. Dick, Thomas Powell, Jack 
Demy, James G. Dick, Eli Cowell, Dudley Massengal, Peggy Magee, 
John Mixon, Edmond Butler, William Vaughn, W. A. Low, P. 
Garner, Josiah Dodson, and Dick Cooper, to appear before me at the 

H. Mis. Doc. 11-17 



258 


KENTUCKY CONTESTED ELECTION. 


court-house in Monticello, Wayne county, on the 6th day of December 
next, to give their depositions to be read as evidence before the House 
of Representatives of the next Congress of the United States in a con¬ 
tested election, wherein James S. Chrisman contests the right of W. 
C. Anderson to a seat in said body. Herein they will fail not. 

Given under my hand this 16th day of November, 1859. 

G. W. MILLS, 

Presiding Judge , Wayne County Court. 

Also summon Roily Droxon, William Magee, David Rankin, G. 
P. Dick, Isaac Powell, sr., H. R. New, Reuben Demy, and John 
Demy. 

G. W. MILLS, 

Presiding Judge , Wayne County Court. 

Executed in full, with the exception of W. A. Low, Dudley Mas- 
sengal, and Paul Garner, December 2, 1859. 

F. BATES, 

Sheriff , Wayne County. 


Commonwealth of Kentucky to any constable or sheriff of Wayne county : 

You are commanded to summon Miles Gregory, John Lewallen, 
Jerry Burnet, Benjamin Burk, jr., Benjamin Hill, William Dobbs, 
Peter Phipps, Jacob Troxell, sr., Thomas Ryan, William Ryan, 
Ambrose Spralding, Timothy Blevins, Benjamin Atkins, James Dobbs, 
Calvin Atkins, Shadrack Blevins, James Hurt, jr., James Dolin, Calvin 
Hurt, James Gibson, George Gibson, David Sowders, Henly Blevins, 
Thomas Boyd, Armstead Blevins, Talton Blevins, Granville Boyd, Sarah 
Boyd, and W. C. Hoy, to appear before the undersigned, at the court¬ 
house in Monticello, Wayne county, on the 2d day of December next, 
to give their depositions to be used as evidence before the House of 
Representatives of the next, Congress of the United States, wherein 
James S. Chrisman contests the right of W. C. Andersen to a seat in 
said body. Herein they will fail not. 

Given under my hand, as presiding judge of Wayne county court, 
this 16th day of November, 1859. 

G. W. MILLS, 

Presiding Judge , Wayne County Court . 

Executed in full, with the exception of Thomas Boyd, Henly Blevins, 
Armstead Blevins, John Lewallen, Shadrack Blevins, W. C. Hoy, and 
Talton Blevins. 

A. B. SLAYEN, 

Sheriff , Wayne County . 


KENTUCKY CONTESTED ELECTION. 


259 


Commonwealth of Kentucky to the sheriff of Wayne county: 

You are commanded to summon John B. Ingram, Ezekiel Smith, 
J. Y. Warden, M. D. Hordin, Isaac Cecil, J. B. Berry, B. W. Dun¬ 
can, E. L. Van Winkle, Jane Burnett, to attend at the court-house, 
in Monticello, on 2d December next ; also summon Thomas Hancock, 
John Low, Riley Hix, Solomon Cecil, Corydon Frost, John Sloan, sr., 
Wm. Guffey, Bradcut Guffey, Nelson Davis, J. T. Wilhite, Martin 
Canody, Levi Canody, Daniel Powers, Jerry Sloan, jr., Riley Chasteen, 
Patsey Jane Thurston, Bartley Thurston, R. C. McBeath, Polly Rus¬ 
sell, James Lawson, John L. Satler, J. E. Yickory, Bartley Lawson, 
John Feuston, F. M. Goddard, F. M. Goddard, George Sumpter, 
Sally Horton, Henry Tuggle, to attend at the same place, on the 3d 
day of December next; also summon William Monroe Massengal, 
Mathew Massengal, David Low, Polly Hughes, Nancy Massengal, 
James Coyle, Nathaniel Hill, Celia Brewster, Isaac Hill, Susan Hill, 
Jane Hill, Jno. Criswell, L. G. Sumpter, and Belfrey Woods, to attend 
the same place, on the 5th day of December next, to give their depo¬ 
sitions to be used as evidence before the House of Representatives of 
the next Congress of the United States, in a contested election, wherein 
J. S. Chrisman contests the right of W. C. Anderson to a seat in said 
Congress. 

Given under my hand this 16th November, 1859. 

G. W. MILLS, 

Presiding Judge , Wayne County Court. 

Executed in full, except John L. Satler, Levi Kennedy, Jane Bur¬ 
nett, and Henry Tuggle. 

F. BATES, Sheriff , Wayne County , 

By L. P. BAKER, Deputy Sheriff. 


James S. Chrisman, Esq. : 

You are notified that at the court-house in Monticello, Wayne 
county, Kentucky, before G. W. Mills, presiding judge of the Wayne 
county court, on the 6th day of December, 1859, I will take the depo¬ 
sitions of Wm. Magee, Elisha Morris, W. C. Hoy and James Hurt, 
jr., all of whom reside in Wayne county, Kentucky ; said depositions 
to be used as evidence before the House of Representatives of the next 
Congress of the United States, in a case of contested election, wherein 
you contest my right to a seat in that body, as the member from the 
4th congressional district of Kentucky. 

° W. C. ANDERSON. 

November 26, 1859. 

Executed on James S. Chrisman, by leaving a true copy at the 
usual place of abode of said Chrisman, on the 26th day of November, 

F. BATES, Sheriff , Wayne County. 


260 


KENTUCKY CONTESTED ELECTION. 


James S. Chrisman : 

You are notified that at the court-house in Monticello, Wayne 
county, Kentucky, on the 2d, 3d, 5th, and 6th days of December, 
1859, before George W. Mills, presiding judge of the Wayne county 
court, I shall, in addition to the depositions of witnesses which I have 
heretofore notified you I would take, proceed to take the depositions 
of Roily Dodson, Thomas Gann, jun., (son of James Gann,) William 
W. Burton, Isaac Powell, David Rankin, and Robert Rankin, sen., 
all of whom reside in Wayne county, Kentucky. I will also, at same 
time and place, and before the same officer, take the depositions of 
Isaac Cecil, who resides in Scott county, Tennessee, and Reuben Demy 
and John Demy, who reside in Pulaski county, Kentucky, all of 
which depositions are to be read as evidence before the House of Rep¬ 
resentatives of the next Congress of the United States, in a contested 
election, wherein you contest my right to a seat in that body as the 
member from the fourth congressional district of Kentucky. 

W. C. ANDERSON. 

November 18, 1859. 

Executed on James S. Chrisman, by delivering him a true copy of 
this notice, on the 19th day of November, 1859. 

F. BATES, 

Sheriff of Wayne County. 


James S. Chrisman : 

And I will, at the court-house in the town of Monticello, Wayne 
county, Kentucky, on the 2d day of December, 1859, before G. W. 
Mills, presiding judge of the county court of said county, take the 
depositions of C. H. Buster, William Simpson, B. E. Roberts, John 
S. Van Winkle, John B. Ingram, Ezekiel Smith, C. A. Cox, Thomas 
Lair, Frank Lair, John Kennet, William Lair, G. W. Twiford, James 
Gann, James Meadows, W. C. Turner, J. Y. Warder, M. D. Harden, 
B. W. Duncan, M. Stephens, A. M. Shepperd, Miles Gregory, John 
W. Tuttle, Solomon Cecil, Nelly Cecil, Miss Jane Low, Alien Butler, 
William Dugger, George W. Twiford, M. Stephens, John Kennett, 
Mrs. Henry, George W. Ingram, James Ingram, David Walter, Dan¬ 
iel P. Wright, A. H. £)uvall, Felem Bates, P. Baker, J. T. Wilhite, 
John Carter, Evan Thomas, Harrison Brascomb, W. H. Berry, Jenny 
Smith, Joseph Castills, Wilson Terry, Louis Stephenson, James B. 
Berry, James M. Hutchinson, John Morris, A. R. West, L. A. La¬ 
nier, James West, William Brown, James R. Brown, H. L. Carrigan, 
Wiley Johnson, James Denny, of Pulaski county, Kentucky; Mrs. 
Nancy Hutchinson, Robert M. Tate, li. Brown, A. H. Daugherty, 
Alvin Jones, Hock Johnson, John Stockton, William Guffey, Daniel 
Powers, Thomas Hancock, Jesse Hancock, John Low, John Hatfield, 
James Carter, Henry Denny, Stewart Ingram, William Crouch, of 
Fentress county, Tennessee; John Dishman, T. Morgan, Randall 


KENTUCKY CONTESTED ELECTION. 


261 


Morgan,-Frost, Martin Kennedy, John Heils, Jerry Sloan, 

Daniel Powers, Perry Hill, Mr. Lewaston, John Steele, Lewis Bur¬ 
nett, David Spradlin, Andrew Slavey, Ed. Young, W. Ryan, Tom. 
Ryan, Miles Gregory, Jacob Sandusky, Tom. Hurt, Peter Phipps, 
David Bell, Henly Blevins, Aminta Blevins, Tim. Blevins, William 
Carson, Mrs. Milly King, Ben. Bush, James Dolan, William Dobbs, 
John Dobbs, Jacob Truxdall, sen., Thomas Boyd, Riley Shasteen, 
Hiram T. Hall, Bartly Thurston, Preston Birch, C. L. Higginbotham, 
Tim. Short, Nathaniel Hicks, James Clark, Bradcut Guffey, B. W. 
Huffaher, Coridon Frost, Robert McBath, Robert Rankin, John H. 
Phillips, Bans. Hutchinson, Decher Russell, John Black, Washington 
Jones, Newton Powell, John R. Dick, Tim. Powell, Matthew Denny, 
Jack Denny, James Dick, G. P. Dick, Eli Correll, Gordon Cordon, 
E. L. Van Winkle, Mrs. Stephen Loverall, Mrs. William McGee, 
Mrs. Nancy Kidd, Newton Powell, Dr. C. A. Cox, Mrs. William 
Russell, James Lawson, B. Lawson, John L. Sallee, J. E. Yichy, 
C. Abner, A. E. Smith, 0. Barns, John Horton, George Sumpter, 
R. H. Craig, Joseph Sumpter, George K. Noland, M. Sumpter, Har¬ 
din Stephens, Elza Spradlin, William Dobbs, John Dobbs, Isaac 
Hardin, Joseph Roberts, J. Y. Waram, William M. Worsham, Boly 
Roberts, of Pulaski; Andros Spradlin, William Spradlin, of Whitley; 
Shadrack Blevins, Timothy Blevins, William Crobston, Silas Parmly, 
William Massington, Celea Bruster, E. Cecil, Martha Massington, 
David Lame, Mrs. Magee, Melson Davis, Polly Stockton, Bobs. Baugh, 
B. F. Taylor, L. R. Long, John B. Hinds, John Foster, Jas. Craig, 
William Boles, all of which witnesses reside in the county of Wayne, 
except D. P. Wright, A. II. Duvall, John Stockton, and William 
Guffey, who reside in the county of Clinton ; James Denny and Bailey 
Roberts, who reside in the county of Pulaski; William Spradlin, who 
resides in the county of Whitley; William Crouch, who resides in 
Fentress county, Tennessee; Henley Blevins and Armstead Blevins, 
who reside in Scott county, Tennessee; Mrs. Stephen Loveall, who 
resides in the county of Adair ; John Horton, George Sumpter, in 
Wayne county, and R. H. Cecil, who resides in Mercer county; also 
depositions of L. J. Stephenson and Riley Chasteen, of Wayne county. 

W. C. ANDERSON. 


J. C. Chkisman, Esq.: 

You are hereby notified that at the court-house in the town of Mon- 
ticello, Wayne county, Kentucky, on the 2d, 3d, 5th, and 6th days of 
December, 1859, I shall attend for the purpose of taking the deposi¬ 
tions of the following-named witnesses, before George W. Mills, pre¬ 
siding judge of the Wayne county court: 


James Y. Warden 
C. H. Buster 
Jno. S. Yan Winkle 
E. L. Van Winkle 
Amanda Kennet 


Dudly Massengal 
Polly Russell 
Bartly Lawson 
J. E. Vickory 
F. M. Goddard 



262 KENTUCKY 

CONTESTED ELECTION. 

Mashaac Stephens 

Joseph Roberts 

L. A. Lanier 

William Monroe Massengal 

Wm. L. Simpson 

Celia Brewster 

Jno. B. Ingram 

James Coyle 

Thomas Lair 

Polly Hughes 

Frank Lair 

Isaac Hill 

A. M. Shepperd 

Henry Tuggle 

Solomon Cecil 

Jane Hill, or Jane Coyle 

L. P. Baker 

Benjamin Atkins 

A. R. West 

James Hurt, jr. 

Wiley Johnson 

Silas Hunsford 

Alvin Jones 

Edmund Butler 

Wm. C. Turner 

L. G. Sumpter 

Miles Gregory 

W. A. Low 

J. T. Wilhite , 

Parish Garner 

Jas. R. Brown 

Joseph Sumpter 

John Low 

James Gibson 

John Lewallen 

David Sowders 

Andrew Slavin 

W. R. New 

Andrew Epperson 

Peter Phipps 

Mrs. Jane Low 

James Dobbs 

Mrs. Lydia Henry 

James Dolen 

Fleming Bates 

Lorenzo D. Hutchison 

Jno. A. Carter 

Jeremiah Sloan, jr. 

John Morris 

John Sloan, sr. 

Mrs. Nancy Hutchison 

Levi Canady 

Thomas Hancock 

Bartlett Thurston 

Ezekiel Smith 

Wm. Dobbs 

Wm. Lair 

Rily Chasteen 

M. D. Hardin 

R. C. McBeath 

Robert M. Tate 

James R. Dodson 

Allen M. Butler 

Jno. R. Dick 

J. B. Berry 

Jack Denny 

Wm. Brown 

Eli Correll 

H. Johnson 

Peggy Magee 

Wm. Guffey 

James Lawson 

B. W. Duncan 

Jno. L. Sallee 

Wm. Dugger 

Jno. Feuston 

Jas. M. Hutchison 

George Sumpter 

Daniel Powers 

Ambrose Spradling 

Corydon Frost 

Matthew Massengal 

Jeremiah Burnet 

David Low 

Wm. Ryan 

Mrs. Sally Horton 

Thomas Ryan 

Nathaniel Hill 

Timothy Blevins 

John Criswell 

Shadrack Blevins 

Susan Hill 

Bradcut Guffey 

Calvin Atkins 

Martin Canady 

Calvin Hurt 

Rily Hix 

John Mixon 

Nelson Davis 

Jane Burnet 


KENTUCKY CONTESTED ELECTION. 


263 


Patsy Jane Thurston 
Benjamin Burk, sr. 
Jacob Troxell, sr. 
Nathaniel Hix 
Washington Jones 
Newton Powell 
Thomas Powell 
Jas. G. Dick 


Wm. Vaughn 
Belfrey Woods 
Nancy Massengal 
Josiah Dodson 
H. T. Burk 
George Gibson 
Benjamin Hill 


All of whom reside in Wayne county, Kentucky. 


I will also, at the same place and same time, and before the same 
officer, take the depositions of James Denny, Richard Cooper, Dudly 
Massengal, and Eli Correll, all of whom reside in Pulaski county, 
Kentucky. I will also, at the same time, place, and before the same 
officer, take the depositions of Henry Blevins, Thomas Boyd, Armstead 
Blevins, all of whom live in Scott county, Tennessee. I will also, at 
the same time and place, and before same officer, take the depositions 
of Talton Blevins, Granville Boyd and Sarah Boyd, who reside in 
Whitley county, Kentucky, and also the deposition of Jeremiah Sloan, 
jr., \vho resides in Clinton county, Kentucky. 

All of the depositions of the before-mentioned witnesses to be used 
as evidence before the House of Representatives of the next Congress 
of the United States, in a case of contested election, wherein you con¬ 
test my right to a seat in that body as a member from the fourth con¬ 
gressional district of Kentucky. 

W. C. ANDERSON. 

November 15, 1859. 


Executed on James S. Chrisman, by leaving a true copy of this no¬ 
tice at his usual place of abode, on November 17, 1859. 

F. BATES, S. W. C. 


And at each of the places indicated in this notice I will continue 
taking the depositions aforesaid, at the places mentioned, from day to 
day (Sundays excepted) until completed ; but shall allow an interval 
of at least five days between the close of taking the testimony at one 
place and its commencement at another ; at which times and places 
you can attend in person or by attorney or agent. All of the forego¬ 
ing depositions, when taken, are to be read as evidence in my bebalf in 
tbe contested election before the House of Representatives of the Con¬ 
gress of the United States, in which you are the contestant for my seat 
in said House of Representatives, &c. 


W. C. ANDERSON. 


264 


KENTUCKY CONTESTED ELECTION. 


Executed the within notice upon the within James S. Chrisman by 
delivering to him a true copy hereof on the 10th day of October, 1859, 
in the town of Monticello, Wayne county, Kentucky. 

F. BATES, S. W. C. 

By L. P. BAKER, Deputy . 

The depositions of James Hurt, sr., and others, taken at the 
court-house in the town of Monticello, Wayne county, Kentucky, be¬ 
fore George W. Mills, presiding judge of the Wayne county court, 
on the 2d day of December, 1859, to be used as evidence before the 
House of Representatives of the next Congress (36th) of the United 
States in a contested election, wherein James S. Chrisman contests 
the right of William C. Anderson to a seat in said House of Rep¬ 
resentatives as the member from the fourth congressional district 
of Kentucky. Said Hurt, being first duly sworn, and of lawful 
age, deposed as shown in the following deposition : 

Question by W. C. Anderson’s agent and attorney. State whether 
or not you voted at the late August election in Wayne county ; if so, 
state at what district you voted, and for whom you voted in the con¬ 
gressional race ? 

Answer. I voted at the late August election at district No. 4 (South 
fork) of Wayne county. In the congressional race I voted for W. C. 
Anderson. 

By same. Is there any other James Hurt living in said district who 
was a legal voter at the last August election ? 

Answer. There is no other James Hurt in said district who was a 
legal voter in said district at said election. There was none other of 
that name who voted there that I know of. 

By same. Is or not your vote recorded on the poll-book of district 
No. 4 of said county ; if so, how is it recorded and counted ? 

Answer. My vote is recorded on said poll-book, and is recorded for 
James S. Chrisman for Congress, and is counted for him; it is not 
recorded for Anderson, for whom it should have been. 

By same. Were you or not a legal voter in said district at said 
election ; and have you or not always been a whig in politics ? 

Answer. I was a legal voter in said district at said election ; I have 
always been a whig in politics ; I have, however, voted for a few men 
of other politics in my life. 

Cross-examined. 

Is there any other James Hurt in the precinct in which you voted ; 
if so, how many, and how many in the county of Wayne? 

Answer. There is two more in the county of Wayne; none other 
that I know of in the precinct in which I voted. 

By same. Have you a double name; and if so, what is it ? 

Answer. James Hurt, only ; I have no double name. 

JAMES HURT. 

Also the deposition of David SowMers, taken at same time and 
place, and before same officer for same person, being of lawful age, 
and first duly sworn : 


ICENTUCKY CONTESTED ELECTION. 


265 


Question by W. C. Anderson's agent and attorney. Is or not 
Micajali Sowders, who voted at precinct No. 4 of Wayne county at the 
late August election, your son ? 

Answer. My son, Micajah Sowders, voted at said precinct at said 
election. 

By same. For whom did he vote in the congressional race at said 
election ? 

Answer. He voted for James S. Chrisman at said election, and his 
vote is so recorded on the poll-book of said district. 

By same. State all you know in reference to his place of residence 
at the time of said election. 

Answer. He did live at Nancy Atkins’, in district No. 4 ; that is, 
he raised a crop there on the shares. His brother died at Thomas 
Sowders’, in district No. 1, in June or July last; said Micajah Sow¬ 
ders then hired to Thomas Sowders, who lived in said district No. 1, 
and went to his house, taking his clothes with him, or a part of them. 
I know and continued to stay or live with Thomas Sowders until 
a few days before the election ; he then went to district No. 4 and 
voted as aforesaid. 

By same. State all you know with reference to his intention when 
he went to Thomas Sowders’ ? 

Answer. When he went to work at Thomas Sowders’ he told me 
he did not know when he would return to district No. 4. He was 
an unmarried man at that time, and had no permanent or fixed place 
of abode ; he worked about from place to place ; since the election he 
has been staying at Mrs. Atkins’, in district No. 4, having since that 
time hired to her. 


Cross - examined . 

When he went to work for Thomas Sowders did he or not tell you 
that he intended to return to Mrs. Nancy Atkins’ in the South Fork 
precinct, No. 4? 

Answer. He never said. 

By same. Where did he have his washing done while at work with 
Thomas Sowders ? 

Answer. I don’t know. 

By same. What property had Micajah Sowders, if any? 

Answer. He had none. 

By same. What time did he go to Nancy Atkins’ to live? 

Answer. He went there in time to make a crop this present year. 
By same. Where did he live before going there ? 

Answer. He lived up at Thomas Sowders’, in 1st district, and about 
from place to place. 

By same. When he went to Mrs. Atkins’ did lie or not take his 
clothes there ? 

Answer. He did. 

By same. Has he or not been living at Mrs. Nancy Atkins’ all the 

time since he returned there before the last August election? 

Answer. He returned there after the election, and has been living 
there ever since. 


266 


KENTUCKY CONTESTED ELECTION. 


By same. What relationship, if any, does he bear to the said Mrs. 
Nancy Atkins ? 

Answer. None at all. 

By same. You have stated that he took with him a part of his 
clothes when he went from Nancy Atkins’ to Thomas Sowders’ ; how 
do you know that fact, and what part did he take? 

Answer. I was at Thomas Sowders’ when he came there; he brought 
a bundle of clothes with him. 

By same. What sort of a contract did he make about working for 
Thomas Sowders, if you know ? 

Answer. I don’t know as I know ; I think he said he would work 
two or three months with him; he came there on Saturday and went 
to work the next Monday morning. 

By same. What are your politics, and for whom did you vote for 
Congress at the last August election ? 

Answer. I only voted for W. C. Anderson. 

By W. C. Anderson’s counsel. Did or not said Micajali tell you 
that he was going to Thomas Sowders’ to live before he went there? 

Answer. I don’t know that he did. And further saith not. 

DAYID + SOWDERS. 

mark. 

Also the deposition of Granville Boyd, taken at same time and 
place, before same officer, and for same purpose, said witness being of 
lawful age and first duly sworn : 

By Anderson’s attorney. State whether or not Frank Winchester 
lived on the east side of the Big South fork of Cumberland river before 
the August election, 1859 ; tell all you know about his residence. 

Answer. Francis Winchester lived on the east side of the Big South 
fork, three or four miles above Bealy’s old salt well; this is a good 
way above the mouth of Rock creek ; he had been living there some 
time ; in the month of June, the 5th or 6th of the month, 1859, he 
moved to the oil well on the west side of the Big South fork of Cum¬ 
berland river. 

By same. What circumstance is it that enables you to fix the date 
of his removal to the west side of the river ? 

Answer. Old man Riley Chasteen, who was a neighbor of mine, 
died the last Friday in May, 1859; Francis Winchester was there the 
night before the old man was buried, and moved away to the oil well 
the second Sunday after the death of said Chasteen ; I was not along 
when he moved ; I lived within one half of a mile of said Francis 
Winchester, before he moved to the west side of the Big South fork. 

By same. Did you or not see him and his family at his old home 
the day that you state he moved ? 

Answer. I can’t say that I saw them on that day, but it was not 
far from that time that I saw them at the old place, not yet moved. 

Cross-examined . 

How do you know when the said old man Riley Chasteen died ? 

Answer. I know from my own recollection. 


KENTUCKY CONTESTED ELECTION. 


267 


By same. What day of the month did he die on ? 

Answer. I don’t recollect. 

By same. What time in the day or night was it when he died ? 

Answer. He died in the evening. 

By same. Were you present when he died? 

Answer. No, sir ; I was about one hundred yards from the house 
when he died. 

By same. How many days was it from the time the old man died 
until the said Francis Winchester moved ? 

Answer. I don’t know that I can recollect how many days it was. 

By same. How many Saturdays was there between the old man’s 
death and Winchester’s removal? 

Answer. Two. 

By same. On what day of the month did he remove ? 

Answer. I don’t recollect; I believe it was the fifth and sixth. 

By same. How did he move, and who moved him? 

Answer. I think, may he, Kiley Abbet helped to move him. 

By same. AVhat enables you to remember the day or days on which 
he removed? 

Answer. The said old man’s death. 

By same. On what day of the week did the month of June last 
come in? 

Answer. I don’t recollect what day of the week. 

By same. Did you charge your memory with the date of Chasteen’s 
death or of Winchester’s removal ; if you did, what caused you to 
do so? 

Answer. I don’t recollect; there was a meeting on the South fork at 
Parmleysville makes me recollect the removal. 

By same. Do you recollect the day of the week and month on which 
the said meeting was holden? 

Answer. No, sir, I don’t recollect. 

By same. Do you recollect the day or date on which any other 
neighbor of yours hath died or removed during your whole life? If 
you do, give said days and dates. 

Answer. I cannot. 

By same. What year is this since the Christian era ? 

Answer. I don’t recollect. 

By same. Is the present the 18th or 19th century ? 

Answer. I don’t recollect. 

By same. On what day in the week did Francis Winchester remove 
to the west side of the Big South fork ? 

Answer. Either on Sunday or Monday. 

By same. How do you know that it was on Sunday or Monday ? 

Answer. I know by my own recollection. 

By same. Did you see him move ? 

Answer. No, sir. 

By same. Were you present when he started to move? 

Answer. No, sir. 

By same. Then how do you know that he did move at all ? 

Answer. I know he was gone from the old place on the east side of 
the Big South fork. 


268 


KENTUCKY CONTESTED ELECTION. 


By same. Have you ever been at his house since he removed? 

Answer. Yes, sir. 

By same. At what time ? 

Answer. I don’t recollect, I’ve been there so much. 

By same. On what day of the week and in what month did you 
first go there after his removal ? 

Answer. I don’t recollect what time it was. 

By same. For whom did you vote at the last August election ? 

Answer. I did not vote; I live in Whitley county. 

By same. How did Mr. Anderson or any other person discover 
what you knew about the time of said Frank Winchester’s removal ? 

Answer. I don’t know that I recollect unless from what I told them 
about it. 

By same. Who did you first tell, and what did you tell him? 

Answer. I don’t recollect who I told or what I first told. 

By same. Are there not many of your neighbors who lived near by 
the old home of said Winchester, and also many who live near his 
present residence, who are men of intelligence ? 

Answer. I can’t tell as to that. 

GRANVILLE BOYD. 

Also the deposition of Miles Gregory, taken at same time and place, 
and for the purposes mentioned in the caption, said Gregory being of 
lawful age and first duly sworn: 

By Anderson’s attorney. State whether or not you were one of the 
judges of the election at the district No. 4 at the late August elec¬ 
tion, and did or not act as such in Wayne county? 

Answer. I was one of the judges of the late August election for 
district No. 4, Wayne county, Kentucky, and acted as such during 
the day until the close of the polls. 

By same. Did or not James Hurt and Peter Phipps vote at said 
election on that day ; if so, for whom did they vote for Congress? 

Answer. James Hurt, whose deposition has been taken to-day in 
this contest, was at that election, and I laioio that he voted for Ander¬ 
son for Congress ; I knew his politics, and he being late coming in I 
sent after him to vote, and distinctly know that when he came he 
voted for Anderson. Peter Phipps also voted on same day ; he voted 
for Hoskins only; Hoskins was the candidate for State senate. Phipps 
did not vote for anybody except Hoskins. 

By same. Have you not examined the poll-book for district No. 4 
of Wayne county? If so, state whether or not Peter Phipps and 
James Hurt, the men of whom you have spoken, are not recorded 
as having both voted for James S. Chrisman for Congress. 

Answer. I have the book before me, and have examined it, and find 
the names of said Peter Phipps and James Hurt recorded as voting 
for James S. Chrisman in said election for Congress. 

By same. Is there or was there at date of said election any other 
Peter Phipps or James Hurt living in district No. 4 who voted at 
said election ? 

Answer. There was no other Peter Phipps voted that day, nor 


KENTUCKY CONTESTED ELECTION. 


269 


James Hurt, except James Harvey Hurt, whose name I find recorded. 
His name is recorded for Anderson, and put down as Harvey Hurt. 

By same. Have you or not seen the line run between district, No. 4 
and No. 7, from the house of John Dobbs to Benjamin Burk’s; if so, 
in which district is the residence of Isaac Hardin ? 

Answer. I was along and saw the line run between districts Nos. 4 
and 7, from John Dobbs’ to Benjamin Burk’s; the call made in the act 
of the legislature dividing said districts (it, the line) ran the residence 
of Isaac Hardin, in district No. 7, about seventy-five yards inside of 
said line. We run the line with a compass and with great care. I 
have no doubt the line was correctly run. A couple of democrats got 
me to go with them to assist in the running of the line. 

By same. Did or not Andrew Hill, the son of Catharine Hill, vote 
for J. S. Chrisman in the said election; and for whom did he vote? 

Answer. A young Hill voted in district No. 4. He voted for J. S. 
Chrisman. 


Cross-examined . 

Look on the poll-book for the South Fork precinct, No. 4, and at 
the record and poll of the vote of said Peter Phipps, and state whether 
the vote of said Phipps does not appear from the said poll-book to 
have been set down originally and counted for Mr. J. S. Chrisman; 
and whether there is any erasure or interpolation or changes of the 
figures at the foot of either Chrisman’s or Anderson’s column of the 
page on which said Phipps voted, such as must have been made if 
the vote of Phipps had been changed after polled. 

Answer. The vote of said Phipps appears from the said poll-book 
to have been originally set down and counted for Chrisman. There 
appears to have been no change or alteration of the vote or footing 
up thereof after polled and counted. 

By same. Did or not the clerk count up each column of votes at 
the foot thereof as they were filled with votes? 

Answer. I could not say whether it was done at the time or not. 
It was done during the day, and it seems to me it was done as each 
page was filled with votes. 

By same. Did or not the duplicate of the vote at your precinct, 
furnished you by the clerk of the election at said election, agree with 
the poll-book as it now stands, counting said Phipps’ vote for Chris¬ 
man ; and does or not the said duplicate now show that fact? 

Answer. I have just examined the poll-book, as it now stands, and 
the said duplicate certificate furnished me by the clerk of the election 
at the said precinct, and find that they agree, showing that said 
Phipps’ vote was originally set down and counted as it now stands 
for Chrisman; and the same is true in regard to the vote of James 
Hurt, recorded on same page. 

By same. Look on your poll-book for the said South Fork precinct, 
No. 4, and see if the vote of Ebenezer Rice was or not recorded and 
counted for W. C. Anderson for Congress at the last August election. 

Answer. I see from the said poll-book for the South Fork precinct, 
No. 4, at which I was one of the judges at the last August election, 


270 


KENTUCKY CONTESTED ELECTION, 


that the vote of Ebenezer Rice there stands recorded and counted for 
W. C. Anderson for Congress. 

By same. For whom did the said Ebenezer Rice vote for Congress 
in the last August election ? 

Answer. My recollection is that he voted for Chrisman for Congress. 

By same. Is he or not a democrat; and is it or not well known 
that he was a warm friend and supporter of J. S. Chrisman for Con¬ 
gress in the last race ? 

Answer. He generally votes on that side. I thought he was very 
warm for Chrisman in the last race for Congress. 

By same. For whom did you vote in the last race for Congress in 
this 4th congressional district, and what are your politics ? 

Answer. I voted for Anderson and the opposition ticket, and am 
an oppositionist now. 

By same. Do you know of any one who voted for W. C. Anderson 
in the last race in said district for Congress who had not resided as 
long as two years next before the said election in the State of Ken¬ 
tucky, and the last sixty days thereof in the election precinct in which 
he voted, or one year next before the election in the county, and the 
last sixty days thereof in the precinct of said county in which he 
voted, or who was a foreigner by birth? 

Answer. I know of none such. 

By same. Who ran the line, as you have stated, between the fourth 
and seventh voting precincts in Wayne county, from John Dobbs’ to 
Benj. Birk’s? 

Answer. Ebenezer Rice, whose vote I have just spoken of. 

By same. At whose instance did he run it ? 

Answer. I don’t know. 

By same. Where does Thomas Abbett reside? 

Answer. I know nothing about him. 

By same. Look at the last page on the poll-book for the South Fork 
precinct, No. 4, Wayne county, Kentucky, at which you were judge 
at the last August election, and state whether the name of the clerk 
of said precinct, to wit, Jerry Burnett, is signed thereto. 

Answer. I have examined the said page of the said poll-book, and 
do not find his, the clerk’s, name thereunto signed. The vote on said 
page stands, for Anderson six votes, for Chrisman three votes. 

By same. Look at the poll-book for the seventh voting precinct in 
Wayne county, Kentucky, known as Dobbs’ precinct, and state 
whether the clerk of the last August election for said precinct, to wit, 
Lewis Davenport, signed his name to any page thereof. 

Answer. I have just examined the said poll-hook for the Dobbs 
precinct, No. 7, of the last August election, and I find that the name 
of Lewis Davenport, the clerk of the last August election at said pre¬ 
cinct, is not signed to any page of said poll-book ; it appears only to 
the judges’ certificate of the vote at said precinct. 

MILES GREGORY. 

Also the deposition of Peter Phipps, taken at same time and place, 
and for purposes mentioned in the caption, being duly sworn : 

By Mr. Anderson’s attorney. Did you or not vote in the August 


KENTUCKY CONTESTED ELECTION. 271 

election, 1859, at the fourth precinct of Wayne county ; if so, did you 
vote in the race for Congress ? 

Answer. I voted at said election, hut did not vote in the race for 
Congress. I only voted for W. A. Hoskins for State senate. 

PETER PHIPPS. 

Also the deposition of Jeremiah Burnet, taken at same time and 
place, and for the purposes mentioned in the caption, witness being of 
lawful age and first duly sworn : 

By Mr. Anderson’s attorney. Were you or not the clerk of the elec¬ 
tion of the fourth precinct of Wayne county at the August election, 
1859? 

Answer. I was the clerk of the election of the fourth precinct of 
Wayne county at the August election, 1859, and acted as such. 

By same. Did not Peter Phipps and James Hurt vote in said elec¬ 
tion ; and if so, for whom did they vote ? 

Answer. Peter Phipps and James Hurt both voted in said election, 
at the fourth precinct. Peter Phipps voted for Hoskins for the State 
senate ; it was the only vote given by him in said election. James 
Hurt voted for Bell for governor, and for W. C. Anderson for Con¬ 
gress in said election. This is my recollection. 

By same. Did you or not seal up the poll-book before you delivered 
it to the sheriff of the election ? 

Answer. I did. 

By same. Did or not Andrew Hill vote in said election ; if so, for 
whom did he vote, and how is his vote recorded? 

Answer. A young Mr. Hill voted in the fourth precinct in said 
election, and his vote is recorded as Andrew Hill, and for J. S. Chris- 
man for Congress. 

By same. Who was the sheriff of said election ? 

Answer. Preston Rice. 

By same. Is not the vote of Peter Phipps and James Hurt recorded 
and counted for Clirisman on the poll-book ; if so, can you explain 
how it happened to be so recorded ? 

Answer. I find the vote of Peter Phipps and James Hurt recorded 
for J. S. Chrisman and counted for Chrisman upon the poll-book kept 
by me in said election. I also find that Ebenezer Rice is recorded for 
Anderson on same page. Hurt should have been recorded for Ander¬ 
son and Phipps for Hoskins alone. Rice is a democrat, but I cannot 
say certainly how he voted. 

By same. Did you or not tell W. C. Anderson soon after the election 
that you believed that Phipps’ vote had not been recorded for Chrisman 
by you ? 

Answer. I have not spoken to Mr. Anderson upon the subject; but 
soon after the election I told some of his friends that 1 did not believe 
that I had recorded said vote for Chrisman. I recollected that Phipps 
voted for Hoskins only. 

Cross-examined. 

Are you or not now satisfied, on looking at the poll-book for the 
fourth precinct, at which you were clerk at the last August election, 


272 


KENTUCKY CONTESTED ELECTION. 


that you did record the votes of Phipps and Hurt, and also Ebenezer 
Rice, all wrong, and just as they now stand ; and do you or not see, 
by counting the columns on the page on which the said three votes 
are recorded, that you counted them in the identical columns in which 
they now stand, and that all the figures are in your own handwriting, 
and with the same ink ? 

Answer. They are all counted in the columns in which they now 
stand, and my figures at the foot look like they have not been changed. 
I counted them as the figures show in the columns in which they now 
stand. The figures are all made with the same ink, and the figures, 
I think, are all in my handwriting. 

By same. How many voters by the name of Hill cast their votes at 
the voting place in the fourth precinct, called the South Fork precinct ? 

Answer. I think, may be, there were three. 

By same Do you remmeber, without looking at the poll-hook, any 
of their Christian names ? 

Answer. Bailey Hill was one. I see Andrew Hill on the poll-hook. 
It seems to me that was his name, or it would not have been recorded 
that way. I don’t recollect certainly. 

By same. Are you personally acquainted with the young Hill who 
voted at the fourth precinct ? 

Answer. I am not. 

By same. Would you know him now by sight ? 

Answer. I think I would. 

By same. Do you know all the voters of the said fourth precinct ? 

Answer. I do not. 

By same. Do you know that there is no more than one Andrew 
Hill in the said fourth precinct ? 

Answer. I can’t say that, for I don’t know it. I have not heard of 
but the one. 

By same. Who were the other officers of the election at your pre¬ 
cinct ? 

Answer. Preston Rice was sheriff; Miles Grigory and David Bell 
were the judges. 

By same. Do you know of any person who voted for W. C. An¬ 
derson in the last race for Congress who had not resided two years 
next before the said election in Kentucky, and the last sixty days 
thereof in the precinct in which he voted, or one year next preceding 
the said election in the county in which he voted, and the last sixty 
days thereof in the precinct in which he voted, or who was by birth a 
foreigner ? 

Answer. I don’t kaow of any such person. 

By same. Was or not the said Ebenezer Rice a democrat, and a 
known warm friend and supporter of J. S. Chrisman in the last race 
for Congress ? 

Answer. He was a democrat. I don’t recollect that I heard him 
say anything about the election. 

By same. Are you or not satisfied that if the said Ebenezer Rice 
had crossed his vote in the race for Congress by voting for Anderson, 
that you would have noticed this extraordinay occurrence, and recol¬ 
lected the fact ? 


KENTUCKY CONTESTED ELECTION. 273 

Answer. I don’t recollect how he voted. It is likely I would have 
noticed the fact if he had crossed his vote. 

By Anderson’s attorney. Is or not the last page of the poll-book of 
the fourth precinct now before you, and if so, is not your name the 
last vote on the same ; and is it or not in your handwriting, and are 
not all the votes recorded on said page a part of the poll-book, and 
do you or not know it all to be in your handwriting and part of the same? 

Answer. My name is the last one recorded on said page, and I did 
it in my own handwriting. I recognize said page as a part of the 
poll-book, and say that it is all in my handwriting, and was done by 
me as clerk of the said election. 

Again by Chrisman’s attorney. Did you or not hear Mr. Anderson 
say, in some of his speeches last summer prior to the election, that he 
would, if elected to the Congress of the United States, vote for a dem¬ 
ocratic Speaker of the House, and also for a democrat for President of 
the United States, in the event that the election of President should 
devolve on Congress, as against black republican candidates for the 
same offices ? 

Answer. I don’t recollect any such language. 

By same. Have you any recollection, distinct from the poll-book, 
that the persons whose names and votes are recorded on the last page 
of the South Fork No. 4 precinct poll-book did vote, and how they 
did vote ? 

Answer. I recollect, distinct from the poll-book, that Miles Grigory 
voted for Anderson and the opposition ticket; also Preston Rice 
voted the democratic ticket; also David Bell, the democratic ticket; also 
myself; which is all I recollect apart from the poll-book. 

JEREMIAH BURNETT. 

Also deposition of Timothy Blevins, same time and place, and for 
the purposes mentioned in caption : 

By Anderson’s attorney. Did not your son, Shadrack Blevins, vote 
for Anderson, in district No. 7, Wayne county, at the late August 
election ? 

Answer. He did. 

By same. Has or not said S. Blevins lived all his life at your house, 
in Wayne county, and kept his washing at your house, in district No. 7. 

Answer. My son, Shadrack Blevins, has lived at my house all his 
life, and has kept his washing and had his making of clothes at my 
house, except last February he went into Scott, Tennessee, for the 
purpose of buying a farm, and if he bought it lie intended to move 
to Tennessee ; he, however, did not buy. He got in with his uncle 
to make a crop for the third, in Scott county, Tennessee, and worked 
there until May 20, 1809, when he came home to my house, and re¬ 
turned to Scott no more. His brothers went out to Scott and finished 
his crop. He said that if he bought the land he intended to move 
to it; but that if he did not buy it, he intended not to move. 
He left his clothing, all except what he wore off and another suit to 
work in, and came back during his stay in Scott, to rny house, to have 
his washing and making of clothes. He had a blacksmith s shop and 
tools at my house, and never moved them ; also a yoke of cattle and 

H. Mis. Doc. 11-18 


274 


KENTUCKY CONTESTED ELECTION. 


a wagon, none of which he ever moved. He always claimed my house 
as his home. He never moved to Tennessee. 

Cross-examined. 

How far is it from your house to where your son Shadrack made 
his crop this year in Scott county, Tennessee ? 

Answer. 1 think it is about twelve miles from my house to where 
he made his crop. 

By same. How old is your said son, Shadrack? 

Answer. He will be twenty-five years old the 20th day of December 
present. 

By same. Has he any family, and how much property ? 

Answer. He has no family, and only the property which I have 
hereinbefore stated. 

By same. Does he or not own land in Scott county, Tennessee? 

Answer. He does. 

By same. How long has he owned that land? 

Answer. I think it has been some three years this winter since he 
bought it. 

By same. How far from the place at which he made his crop in 
Tennessee does your son’s land lie ? 

Answer. It is about nine miles, in the same county. 

By same. Were jou present when your son left your house to go to 
Tennessee? 

Answer. I was. 

By same. Did he go on foot or horseback ? 

Answer. He went on foot. 

By same. How do you know what clothes he took ? 

Answer. I saw him take his clothes out of a box in which he kept 
his clothes and tie them up. 

By same. Did he tell you when he left that if he did not buy land 
he was coming back immediately ? 

Answer. Yes, sir, he did ; he said if he did not buy land he was 
coming back immediately, to go to the coal mines to stay four years. 

By same. Do you know that he did not have clothes made and 
washing done at Pleasant Blevins’, in Tennessee, where he made his 
crop? 

Answer. He never had any made there to my recollection ; if he 
had any washing done there I have no recollection ; as for the wash¬ 
ing, he might have had some done there. He came home every two 
or three weeks and got a change of clothing. 

By same. On what day of what month did he return to your house? 

Answer. I don’t recollect the day ; I think it was about the 20th 
of May. 

By same. Why did he leave his crop before it was completed ? 

Answer. Well, sir, he had choice of coming home, I reckon. 

By same. Did he or not come to your house for the purpose of 
voting ? 

Answer. I don’t know that he returned for that purpose. 

By same. Did he or not tell you so ? 


KENTUCKY CONTESTED ELECTION. 


275 


Answer. He talked of voting for Anderson after his return and 
prior to the election ; he never told me that he had come back for that 
purpose. 

By same. What did he give his brothers to go to Tennessee and 
finish his crop, or what contract did he make with them? 

Answer. He did not give them anything. He said if they would 
go there and work in his place he would stay at home and work in 
their place. 

By same. How old were the boys who went to work in his place ? 

Answer. One was twenty-one years old the 18th of February last; 
the other twenty years old the 8th of last November. 

By same. Did they both work even against your son Shadrack’s 
work ? 

Answer. They went time about, and worked only one at the same 
time in Scott county, Tennessee. 

By same. What reason did they or your son Shadrack give for thus 
swapping ? 

Answer. He said he had rather work at home. 

By same. What did he do with his Tennessee crop ? 

Answer. He has got it yet; he aims to sell it, he says. 

By same. Who gathered the corn in Tennessee ? 

Answer. He helped to gather it himself. 

By same. How long from the time he came to your house and com¬ 
menced swapping work before the Tennessee crop was finished? 

Answer. I don’t recollect exactly ; it must have been early in July. 

By same. Did he tell you when he left your house that he was 
going to make a crop in Tennessee before he came back. 

Answer. He did. 

By same. Did he or not also tell you that he was going to make a 
crop in Tennessee the next year? 

Answer. He did not; he said if he bought land out there he would ; 
and if he did not buy the land he would go to the coal mines. 

By same. Has he ever gone to the coal mines ? 

Answer. No, sir, he hasn’t; but he is going shortly. 

By same. When he left your house for Tennessee, or while his crop 
was on hand, did he or not tell you, in substance, that he did not expect 
to make much of a crop the first year, but would have the ground in 
good condition for the next year ? 

Answer. He never told me that, but said if he bought land he 
would stay ; and if not, he would return and go to the coal mines. 

By same. Do you know of any person who voted for W. C. Ander¬ 
son at the last election who had not resided two years in Kentucky 
next before the election, and the last sixty days thereof in the pre¬ 
cinct in which he voted ; or who had not resided one year in the 
county, and the last sixty days thereof in the precinct in which he 
voted ; or who was a foreigner by birth ? 

Answer. I do not; I voted for W. C. Anderson in the last race for 
Congress. 

By Anderson’s attorney. Did not your son Shadrack pay poll-tax 
in this county this year? 

Answer. He did last year. 


276 


KENTUCKY CONTESTED ELECTION. 


By same. Do you know whether he gave in a poll this year ? 

Answer. I don’t know ; his name is not on the sheriffs book. 

TIMOTHY BLEVINS. 

Also deposition of E. A. Butler, taken same time and place: 

By W. C. Anderson’s attorney. Did or not William Vaughn vote 
at district No. 6 at the late August election in Wayne county ; if so, 
who voted first, you or he ? 

Answer. I voted, and William Vaughn, my son-in-law, voted next 
after me at the late August election, in Mill Spring district, No. 6, 
and we both voted for W. C. Anderson for Congress. 

By same. Have you or not examined the poll-book ; if so, state 
how your votes are recorded ? 

Answer. My name is recorded on the first page of the poll-book as 
E. A. Butler ; the next vote is recorded William Pond. I don’t see 
Vaughn’s name on said book, although he voted next to me. 

Cross-examined. 

Do you know that there resided in the 6th district in Wayne 
county", at the late August election, no voter by the name of William 
Pond? 

Answer. I do not. 

By same. Are you acquainted with all the voters in the said sixth 
precinct in Wayne county? 

Answer. No, sir. 

By same. Are you acquainted with one John Mixon who lives in 
Wayne county, Kentucky? 

Answer. Yes, sir ; I have seen him frequently. 

By same. What voting precinct of said county does he reside in ? 

Answer. In Mill Spring precinct. No. 6, or did at the August elec¬ 
tion last. 

By same. What time, as well as you remember, did he move into 
the said precinct ? 

Answer. I have no recollection ; I rather judge it was this last 
spring a year. 

By same. Do you know where he came from when he came to 
Wayne county ? 

Answer. I do not know, except from information. 

By same. Where did he live when you first made his acquaintance ? 

Answer. I don’t know that; I never was at his house except when 
he lived on Captain West’s place—that was, I think, last spring was 
a year ago ; I am not certain. 

By same. Has he lived in Wayne county all the time since you have 
known him ? 

Answer. Yes, sir ; I think so. 

By same. Did you or not say, a few days since, in the presence of 
Judge Buster and others, that if they brought you to town to swear 
Pond on that, you would swear Mixon off? 

Answer. I did ; at the time I thought it took two years’ residence 
to make a voter. 


KENTUCKY CONTESTED ELECTION. 277 

By same. Did you or not say, at the same time, that Mixon moved 
here sometime last winter from North Carolina? 

Answer. I have no recollection now ; I might have been in one of 
my sprees. 

By same. Are you or not acquainted with one Thomas Muce, residing 
in precinct No. 6, in Wayne county? 

Answer. I have seen the man ; he resides in the sixth precinct, in 
Wayne county. 

By same. Is there any such voter in the said sixth precinct as 
Thomas Mus ? 

Answer. I don’t know any such a man. 

E. A. BUTLER. 

Also the deposition of Benjamin Adkins, taken at the same time and 
place, being of lawful age, and first duly sworn : 

Question by W. C. Anderson’s attorney. Are you acquainted with 
Wm. Brewster, and how long have you known him. State whether 
or not he did not come from Tennessee, and did he or not live in that 
State until October, 1858. 

Answer. I have known Wm. Brewster ever since he was a boy ; he 
worked for me during the spring and early summer of 1858 ; he came 
from his father's, in the State of Tennessee, and said he lived at his 
father’s ; I dont know positively that he stated he lived at his father’s ; 
he would return to his father’s every two or three weeks. He did not 
bring all of his clothing with him when he came to my house ; and 
when he would start to his father’s, while he was working with me, he 
would state that he would have to go home for his clothing. I don’t 
know where he went when he left my house ; he would live about from 
place to place, and was in the habit of calling a place his home after 
he had been there two or three days. 

By same. Did you or not frequently see him going to his father’s 
after he left your house, and would he or not tell you he was going 
home ? 

Answer. I don’t recollect now ; I frequently saw him passing to his 
father’s after he left my house. 

By same. Is or not the name of said Wm. Brewster recorded on 
poll-book of district No. 4, of Wayne county ; if so, for whom is his 
vote recorded and counted in the congressional race ? 

Answer. I find the name of Wm. Rrewster recorded on the poll- 
book of said district for the last August election. It is recorded and 
counted for J. S. Chrisman for Congress. 

By same. Is or was there any other Wm. Brewster living in said 
district at said election than the one you have before mentioned? 

Answer. There was no other man of that name that I know of; I 
can’t say I know all the voters of said precinct ; I never saw or heard 
of any other Brewster than the one I have mentioned living in said 
district at that time. 

By same. Do you know one James Davis, who voted at district No. 
7, of this county, at the last August election ? If so, state how long he 
had lived in said district prior to that election. 

Answer. I know one James Davis, who lived awhile during last 


278 


KENTUCKY CONTESTED ELECTION'. 


summer in district No. 4, and then moved to No. 3 ; I hired said Davis 
to cut oats for me, I think in June or July of last summer ; he then 
lived in district No. 4 ; he told me his family then lived in the same 
district; he had worked for me before that during the same summer ; 
he said he then lived on the head of Beaver creek, which is on the right 
of the road leading from Monticello to the South Fork, by way of Beaver 
creek. 

By same. Did or not said Davis vote, at the late August election, 
at district No. 7 ; and for whom is his vote recorded in the congres¬ 
sional race ? 

Answer. The name of James Davis is recorded on the poll-books of 
district No. 7, of this county, for the last election ; it is recorded for 
James S. Chrisman for Congress. 

Cross-examined. 

When did you first become acquainted with Wm. Brewster? 

Answer. It has been several years ago, when he was a boy. 

By same. Where did he then live ? 

Answer. He lived on the South Fork, in Wayne county, in what is 
now precinct No. 4. 

By same. Where did he next live when he removed from that place ? 

Answer. He removed with his father from here to Fentress county, 
Tennessee. 

By same. Where did he next remove when he left Fentress county ? 

Answer. He next came to my house to live, when I hired him to 
work for me. 

By same. What time did he come to your house to live ? 

Answer. It was about the 1st of March, 1858. 

By same. What was the contract under which he came to your house 
to live ? 

Answer. I first hired him by the month. 

By same. Was he or not a free man over twenty-one years old when 
he came to your house? 

Answer. He did his own trading ; I would suppose he was over 
twenty-one years old. 

By same. For how long did he set in to work with you ? 

Answer. Four months, as well as I recollect. 

By same. What voting precinct did you live in at that time ? 

Answer. The fourth, called the South Fork precinct. 

By same. Where did he go when he left your house ? 

Answer. I do not know. 

By same. Did he have his clothes at your house during his stay 
there ? 

Answer. A portion of them he did. 

By same. Are you acquainted with all the voters in the South Fork 
or fourth voting precinct in Wayne county? 

Answer. I am not. 

By same. Do you know that the Wm. Brewster of whom you speak 
voted at all in the last August election ? 

Answer. I do not; all I know is, that I see the name Wm. Brewster 
recorded on the poll-book. 


KENTUCKY CONTESTED ELECTION. 


279 


By same. Where does Wm. Brewster now reside? 

Answer. In the fourth precinct, the same in which I see the name 
recorded. 

By same. Do you reside iu the seventh district in Wayne county? 

Answer. I reside in the fourth precinct in said county. 

By same. Are you acquainted with all the voters in the seventh 
precinct in said county? 

Answer. I am not. 

By same. Do you know how many voters by the name of Davis, or 
James Davis, resided in the seventh district at and before the last 
August election ? 

Answer. I do not know. 

By same. What time did the said James Davis work for you the 
last time? 

Answer. The last of June or first of July. 

By same. How do you know where he lived at that time? 

Answer. He told me he lived in the house with his son William, on 
the head of Beaver creek, and that he was going to build on his said 
son’s land. 

By same. Do you know the boundary of the seventh precinct in said 
county of Wayne ? 

Answer. I do not. 

By same. Do you know the boundary of any of the precincts ? 

Answer. I don’t know that I do. 

By same. How, then, can you state that James Davis lived in the 
third and fourth precinct ? 

Answer. I learned from information that the road from here to the 
South Fork, via Beaver creek, was the line between the third and 
fourth districts. 

By same. Did the said Davis reside with his family during the times 
and residences about which you have spoken ? 

Answer. I do not know, only what he told me; all I know about 
where he lived at any time is from what he told me. 

By same. Do you know of any person who voted for W. C. Ander¬ 
son in the late August election who had not resided two years next 
preceding the said election in Kentucky, and the last sixty days 
thereof in the precinct in which he voted, or who had not resided one 
year next preceding the said election in the county, and the last sixty 
days thereof in the precinct in which he voted, or who was by birth a 
foreigner ? 

Answer. I do not. 

By same. Are you acquainted with McCajah Sowders, who voted 
for J. S. Chrisman, and resided in the South Fork or fourth precinct, 
in Wayne county, at the late August election ? 

Answer. I am acquainted with McCajah Sowders, and could not 
say positively whether he lived in the fourth precinct in Wayne county, 
at the late August election, or not. 

By same. Has he or not made his home at Mrs. Nancy Atkins’, in 
the fourth voting precinct in Wayne county, for a long space of time? 

Answer. I could not say ; he would be there a week or two, and 
then gone some where, and then back again. 


280 


KENTUCKY CONTESTED ELECTION. 


By same. Has he or not staid there pretty closely during the last 
summer ? 

Answer. Yes, sir, I think he has ; he left once and came to Ben. 
Mills’ to see his brother who was sick; he staid awhile and went 
hack to Mrs. Atkins’. 

By same. Do you know Wm. Massingill; if so, how old is he? 

Answer. I am acquainted with the gentleman; I don’t know his age. 

By Mr. Anderson. Does not district No. 4 lie between the head wa¬ 
ters of Beaver creek and district No. 7 ? 

Answer. It does ; I have learned that a new district (No. T) has 
been laid off at the lower end of No. 4, in an opposite direction from No. 
3 : to go from 3 then to 7, you have to cross No. 4. 

BENJAMIN ADKINS. 

Also the deposition of Calvin Adkins, taken at the same time and 
place, and for the purposes mentioned in the caption: 

By Mr. Anderson’s attorney. Did or not McSowders live with you 
in the month of June? if so, when did he leave, where did he go, and 
did he or not say he left to live with his brother ? 

Answer. McSowders lived with me in June, 1859 ; 1 had him hired 
by the month ; in the month of July, about the first of the month, he 
left my house ; his time was out; he came up in district No. 1 to see 
his brother, who was sick ; he came back just about the time of the 
election ; he said he had hired to his brother or Benoni Mills in 
district No 1, and that he had been living with his brother in said 
district, and that he intended to go back to his brother’s and work. 

By same. Did he not tell you that he was then living at his brother’s? 

Answer. At the time I have spoken of he told he was living at his 
brother's, in district No. 1. 

By same. When was it he told you this ? 

Answer. It was a day or two after the election in August, 1859, 
that he told me. 

By same. Have you not examined the poll-hook of district No. 4 of 
August election, 1859; if so, how is the vote of said McSowders recorded ? 

Answer. I have examined said poll-book and find the vote of 
McSowders (or Micajah) recorded for James S. Chrisman for Congress. 

By same. Did or not said McSowders take all of his clothing with 
him when he left your house to go to his brother’s to live? 

Answer. He did principally all. 

By same. Did he leave any chattels or property with you? 

Answer. He did not. 

Cross- examined. 

How long did McCajah Sowders work with you? 

Answer. Three months or more. 

By same. While at work with you, where was his washing done? 

Answer. At my house. 

By same. Where did he live, if you know, prior to coming to your 
house ? 

Answer. He had lived at Ben. Atkins’ and at Ryan’s. He hired 
about from place to place. 

By same. Did he or not live at Nancy Atkins’ last summer? 


KENTUCKY CONTESTED ELECTION 


281 


Answer. I am the son of Nancy Atkins ; we live, and did last 
summer live, together. 

By same. Did or not the said McCajah Sowders, make a crop with 
you last summer; and in what voting precinct of Wayne county do 
you live? 

Answer. He did make a crop for my mother last summer. We 
lived in the 4th voting precinct in Wayne county. 

By same. At what time did he remove his clothes from your house ? 

Answer. When he came up towards town to hire. 

By same. At the time he went to see his sick brother, as you have 
stated, did he take his clothes with him? 

Answer. I don’t know whether he took them then, or came back 
after them. 

By same. Where did he work next, after working for your mother? 

Answer. In district No. 1, for his brother, so he said. 

By same. What time was this? 

Answer. It was about the month of July. 

By same. At what time did he return to your house to live? 

Answer. I hired him two or three months, I don’t recollect exactly, 
after the election. 

By same. How long has he been living with you this last time ? 

Answer. Ever since the election. 

By same. Has it or not been his regular custom to come back to 
your house when out of work elsewhere ? 

Answer. Yes, sir ; he had a brother living there, and he would 
come frequently and stay with his brother. 

By same. For whom did you vote at the last August election for 
Congress? 

Answer. I voted for W. C. Anderson. 

By same. Do you know of any person who voted for said Anderson 
at the last August election who had not resided in Kentucky two 
years next preceding the said election and the last sixty days thereof 
in the precinct in which he voted, or who had not resided one year 
next preceding the said election in the county and the last sixty days 
thereof in the precinct in which he voted, or who was by birth a 
foreigner? 

Answer. I know of no such persons. 

By Mr. Anderson’s attorney. Did or not said Sowders tell you that 
he had been working for his brother ? 

Answer. He did. 

By same. Did he not tell you that he was going back to his brother’s; 
and did you not prevent it by agreeing to hire him to work lor you? 

Answer. He told me he was going back to his brother’s, but I 
agreed to hire him and he remained with me. 

By same. Is it not a fact that said Sowders made his home at what¬ 
ever place he was at work ; had he any settled place of abode? 

Answer. He had no place of abode, except where he was at work, 
that I know of. 

By same. Did not Benj. Adkins, whose deposition has just been 
taken, vote for Chrisman in the late election? 

Answer. He told me so, and is so recorded. 


282 


KENTUCKY CONTESTED ELECTION. 


By same. You have stated that said Sowders frequently returned to 
your house. Did he or not ever come there but the one time just after 
the election, except when he was working for you or your mother? 

Answer. We raised his brother from a child, and he would come to 
see his brother, and would stay there as long as a week at a time. 

By same. Did he live at your mother’s, or at such places as he 
worked at? 

Answer. He lived wherever he could get work ; he would frequently 
go to such places as he had been in the habit of working at ; he would 
come to see his brother at my mother’s. 

By same. Did he or not ever have his washing done at your mother’s, 
except when working there? 

Answer. No, sir ; not that I know of. 

By Mr. Chrisman’s attorney. Did or not said Sowders work the 
road on your precinct of public road when he did work ? 

Answer. He worked my precinct of road since the election once, 
and may have done so before ; I can’t tell you. 

By same. Did he or not always for sometime past consider your 
mother’s house his home, when he was not at work anywhere? 

Answer. I could not tell you whether he did or not. 

By same. Does his brother, of whom you have spoken, still live at 
your house, and how long has he lived there? 

Answer. He is about 16 or IT years old. We have raised him from 
childhood 

By same. You have stated that said Sowders would return to your 
mother’s when out of employment. Now state whether you know of 
any other place to which he was in the habit of going and remaining 
when unemployed ; and if so, what place. 

Answer. I could not tell you where he would go to, only as he 
would tell me. 

CALVIN ADKINS. 

Deposition of Ezekiel Smith, taken same time and place, being duly 
sworn: 

By Anderson’s counsel. Are you or not a brother-in-law of George 
W. St. Johns ? If so, state where he was raised ; where he now lives ; 
and where he told you he lived before the August election, 1859. 

Answer. Said George W. St. Johns is my brother-in-law. He was 
raised in Smith county, Virginia. He told me a few days before the 
election that this was not his home ; that his home was in Virginia. 
1 wanted him to buy land near me in Wayne county. He said he had 
land where his father lived, in Virginia, and that he would not buy 
here. 

By same. Did he or not tell you that he would not give in any 
property here to the tax commissioner ; and what reason did he assign 
for refusing to do so? 

Answer. He told me that the tax commissioner had called upon him 
for a list of “ his property ; that he refused to give it in ; that his home 
was in Virginia, and that he was out here and had been on a trading 
spree.” 

By same. When was this last conversation ? 


KENTUCKY CONTESTED ELECTION. 


283 


Answer. It was in the spring of 1859 or winter of 1859. 

By same. Did he not tell you that he had voted for J. S. Chrisman 
at the late election ? 

Answer. He told me that if his vote was not a good one, he reck¬ 
oned the judges would not have let him voted. 

Cross-examined. 

Did or not you and the said St. Johns buy a farm in partnership in 
this, Wayne, county? 

Answer. Yes, sir ; we did. 

By same When was this, and when did you sell the farm ? 

Answer. I reckon it has been a little upwards of two years last fall. 
I bought him out some three or four months after the purchase. I sold 
the farm myself. 

By same. What is the probable age of Mr. St. Johns, and how long 
since he came from Virginia to Kentucky ? 

Answer. I reckon he is about 24, 25, or 26 years old. It has been 
some four or five years since he first came to Kentucky to see me. He 
then went to Indiana to see his friends, and probably to Missouri. He 
came back to Kentucky, bought mules and horses ; drove them to 
Georgia and sold them out ; and either went from Georgia to Virginia 
or came back to Kentucky and went from here to Virginia. He staid 
there till he made a crop ; then came back to Kentucky and bought 
stock and took to Georgia, and kept buying stock and taking them 
south and selling. I think he has worked on the farm in Virginia 
two cropping seasons since he first came to Kentucky—once since I 
bought his interest in the said farm. 

By same. Did you or not try to get him to vote for W. C. Ander¬ 
son at the last August election for Congress ? 

Answer. I never, sir. I told him I would have him vote for An¬ 
derson for no sum of money. 

By same. Where did he make his home at whilst in Kentucky ? 

Answer. He was at my house part of the time; sometimes as long 
as two or three nights; then may be a week ; then one night, just as 
it happened, and then gone again trading. He spent the last summer 
in Georgia. 

By same. For whom did you vote for Congress at the last election ? 

Answer. William C. Anderson. 

By same. Did or not Meredith Percell and wife live at your house 
a short time before the last August election ; and did he or not sepa¬ 
rate from his wife and go to Clinton county or Tennessee to live? 

Answer. He left either on Thursday or Friday before the, said elec¬ 
tion, and went to some place below John Phillips’, near the Clintom 
line. He told me he would be back the next Saturday, if he lived. I 
never heard of any separation until after the election. I went after 
him on Sunday before the election, and overtook him on his way home. 

By same. Did you go to bring him back in order to save his vote 
for Anderson ? 

Answer. I wanted him here at the election ; that is what I went 
for. I was apprehensive that he might get drunk and not return. 

EZEKIEL SMITH. 


284 


KENTUCKY CONTESTED ELECTION. 


Also the deposition of Ambrose Spraddlin, taken at same time and 
place: 

By Anderson’s attorney. Are you or not acquainted with Patton 
Foster ; if so, where does he live, and how long has he lived in Ken¬ 
tucky ? Tell all you know about him and his place of residence. 

Answer. I am acquainted with Patton Foster. I have known him 
a good while. He lives now in Scott county, Tennessee. Said Patton 
Foster lived in Scott county, Tennessee, and moved to Kentucky in 
the month of September, 1858, from Tennessee. He came to my house 
when he moved to Kentucky, and left his things with me and went to 
where his mother lived, on Rock creek, in Wayne county, Kentucky, 
and remained there awhile ; then went to a house near the oil well, 
in Wayne county, Kentucky—remained there a part of the present 
summer ; then moved to another place not far otf from the well—re¬ 
mained there until after the election ; then moved back to Scott county, 
Tennessee. He was a man of family when he first came into Kentucky. 

By same. Are you or not acquainted with Francis Winchester; if 
so, tell all you know about his residence ; when he came to Wayne 
county, if at all, and where he now lives ? 

Answer. I know Francis Winchester. He lived in Whitley county. 
That is on the east side of the Big South Fork of the Cumberland river, 
about two miles and a half above the oil well. I think between the 
5th and 10th of June, 1859, said Francis Winchester moved across 
the river into Wayne county, Kentucky, a distance of some two and 
a half miles from where he had lived. He moved in the house with 
Riley Winchester when he came over. 

By same. Were you or not at Riley Winchester’s a few days before 
said Francis moved in ; if so, how long before? 

Answer. I was at Riley Winchester’s a week, may be ten days, be¬ 
fore the removal. 

By same. How long after the removal until you were there again ? 

Answer. I can’t tell exactly, but not many days. 

By same. How far did you live, at that time, from Riley Winches¬ 
ter’s ? 

Answer. About one mile and a half. 

By same. Did you or not neighbor with said Riley, and was or not 
your families constantly passing and repassing from one house to the 
other? 

Answer. They passed sometimes, but not very often. 

By same. Did or not Francis Winchester pass by your house as he 
moved ? 

Answer. He did not. 

By same. Did you see him as he moved ? 

Answer. No, sir. 

By same. How did you learn of his arrival in the neighborhood? 

Answer. I was down there, and saw him and family at Riley Win¬ 
chester’s a few days after he came in. 

By same. Were you or not at the election, and did or not said Fran¬ 
cis Winchester vote in August, 1859, at the 4th precinct; if so, for 
whom ? 

Answer. I was at the August election, 1859, at the 4th precinct in 


KENTUCKY CONTESTED ELECTION. 285 

Wayne county, and saw Francis Winchester vote in said election. He 
voted for J. S. Chrisman for Congress. 

Cross-examined. 

Was Patton Foster a man with a family when he first moved to 
Kentucky ? 

Answer. He was. 

By same. Were you ever at his house in Tennessee before he moved 
to Kentucky? 

Answer. I never was. 

By same. How do you know he ever lived in Tennessee? 

Answer. He passed my house, in Wayne county, Kentucky, and said 
he lived in Tennessee. 

By same. State the last time he passed your house and stated he 
lived in Tennessee. 

Answer. I can’t recollect exactly when. He passed through my 
yard, carrying meal, frequently, this last summer was a year ago. 

By same. Did you help him move from Tennessee, or see him move 
from there? 

Answer. I loaned him my mare to help to move ; that is all the help 
I gave him. He brought a bed, bed-cover and oven, hread-tray and 
sifter to my house on my mare, and some chickens on his back, and 
left them at my house. I was there when he came. 

By same. What day of the week did he arrive at your house on ? 

Answer. I don’t recollect. 

By same. What day of the month did he arrive at your house on ? 

Answer. I don’t recollect. 

By same. In what month of the year did he arrive at your house ? 

Answer. In September. 

By same. How do you know this? 

Answer. I know it by the time he moved. 

By same. How long did he remain at your house ? 

Answer. I don’t recollect. He staid an hour or two, and left his 
things and went on to his mother’s. 

By same. What time in September was it ? 

Answer. Along in the first. 

By same. Did you see his family on their way moving ? 

Answer. He brought his family with him at the same time. 

By same. Is there no circumstance that enables you to remember 
the date of his removal ? 

Answer. No, sir ; I don’t recollect exactly the day he moved. I 
recollect it was in September by John Foster coming to my house. We 
were talking about it. I also talked with Patton Foster last Sunday. 
He told me he came here to Kentucky in September. He said if they 
allowed him to vote by being in Kentucky a year, that he only lacked 
a few days of being here a year. 

By same. Did he or not tell you also that he thought his vote was 
legal and good ? 

Answer. No, sir ; he did not say that. He said unless they allowed 
him to vote by being here a little less than a year, he didn’t think it 
was. 


286 


KENTUCKY CONTESTED ELECTION. 


By same. Did he or not tell you that he was sworn when he voted ? 

Answer. No, sir ; I don’t recollect that he did. 

By same. Do you recollect the day or the month on which any other 
man ever moved from one State to another ? If you do, give the in¬ 
stance. 

Answer. I don’t know that I do recollect exactly the day that any 
other man moved ; I don’t know that I can give the month in which 
any other man ever moved. 

By same. How many times have you moved ? 

Answer. I am not able to tell you ; I have moved several times. 

By same. Now give the month and year in which you made each 
move. 

Answer. I cannot recollect. 

By same. Can you give the year in which any of your moves hap¬ 
pened? 

Answer. I moved last April was a year ago, to where I now live, 
the first day of the month. 

By same. In what year was it? 

Answer. I cannot tell you. 

By same. What year is this ? 

Answer. It is 1852, I reckon. 

By same. What month is this ? 

Answer. It is November, I reckon. 

By same. Who did you vote for at the last August election for Con¬ 
gress, and who for governor of Kentucky? 

Answer. I voted for Anderson for Congress ; it is the only vote I 
gave. 

By same. How did Mr. Anderson learn what you knew about illegal 
votes being cast for Chrisraan ? 

Answer. I cannot tell how he learned it. 

By same. Have you ever told any one what you knew ? 

Answer. I have been talking about them. 

By same. How do you know when Francis Winchester moved from 
one side of the Big South Fork to the other, as you have stated? 

Answer. I saw him after he moved, and before he moved. 

By same. On what day of the week did you see him before he 
moved ? 

Answer. I don’t recollect; I think Saturday. 

By same. On what day of the month did you last see him before 
the move ? 

Answer. I don’t recollect. 

By same. In what month of the year did you last see him before 
the move ? 

Answer. In May. 

By same. In what year was it ? 

Answer. It was in the year 1859. 

By same. On what day of the week did you first see him after his 
said move ? 

Answer. I don’t recollect; I paid no attention to it. 

By same. On what day of the month did you first see him after the 
aid move. 


KENTUCKY CONTESTED ELECTION. L87 

Answer. I cannot tell you ; I did not pay any attention to it; I 
saw he was there. 

By same. When did you first see him ? 

Answer. I don’t recollect; it was about the first of June. 

By same. If you paid no attention to his move, how came you to 
fix the month in which he moved, and cannot fix the month in which 
any other person moved, and not even of your own moves, except the 
last one? 

Answer. I recollect about him talking about moving off, and then 
he gave it out, and moved over on this side of the river. 

By Anderson’s attorney. You were asked what year this was, and 
answered that it was 1852. You will now state whether or not you 
spoke without reflection, and will now state what year it is. 

Answer. I was bothered and not thinking, and spoke without re¬ 
flection ; I now state that it is the year 1859. 

By same. Have you any education in regard to figures ? 

Answer. I have no school education, and know nothing about 
figures. 

By same. Did or not Francis Winchester run away last spring, and 
go to the State of Tennessee ? If so, how long was he gone, and why 
did he go ? 

Answer. Last March, I think it was, he was gone from his home, 
or where his family was ; I don’t know how long he was gone ; he 
was gone awhile. 

By same. Did he not tell you that he went to Tennessee on that 
trip ? and did he not tell you that he never expected to come back, 
but afterwards changed his mind and came back ? 

Answer. He told me nothing about it. 

By same. Did not F. Winchester tell you that he moved across the 
river into Wayne in June? 

Answer. I don’t recollect that he did, but I know he did along 
about the first of June last. 

By Chrisman’s attorney. Do you know that the former residence of 
said Winchester is in Whitley county or not? 

Answer. I don’t know that it was ; it was called Whitley. 

By same. Who called it Whitley ? 

Answer. I recollect the Blevinses, and a good many others. 

By same. Do you recollect any who stated that Winchester’s house 
was in Whitley ? 

Answer. I recollect that Blevin said so. 

By same. Do you know in what year and month you were born ? 

Answer. I was born in February; I don’t recollect what date of the 
year. 

By same. How many children have you? 

Answer. My old woman has five. 

By same. Tell when each was born, if you can? 

Answer. I don’t remember when they were all born ; I recollect 
the last one only ; it was born in April was a year ago. 

his 

AMBROSE + SPRADDLIN. 

mark. 


288 


KENTUCKY CONTESTED ELECTION. 


Adjourned until to-morrow morning, which will be December 3, 
1859. 


G. W. MILLS, P. J. W. G. C. 


Saturday morning, December 3, 1859. 

Met pursuant to adjournment on last evening. 

The deposition of Thomas Ryan, taken on the third day of Decem¬ 
ber, 1859, being first duly sworn : 

By Anderson’s attorney. State whether or not you are acquainted 
with James Davis? 

Answer. X am somewhat acquainted with James Davis. 

By same. Where does he now live? 

Answer. He now lives in the seventh district of Wayne county, 
Kentucky. 

By same. Did you or not meet said Davis when he was moving to 
said district; if so, when ? Tell all you know about his residence. 

Answer. I saw said Davis about two weeks before the August elec¬ 
tion, 1859, moving ; he came by my store, in the fourth precinct of 
Wayne county, Kentucky, and was going in the direction of the 
seventh precinct. He had a budget of clothes, probably a bed-quilt 
or two, and his wife. About the last of June, before he moved, he 
was at my store, and told me he then lived in my district or precinct, 
which is the fourth, or South Fork voting place ; he said in that con¬ 
versation that he would be a voter in said South Fork district at the 
coming election in August, 1859 ; he said he was then living with 
his son, in the fourth district, and that he was going to build himself 
a house on his son’s land ; this was before his removal above spoken 
of; he said he had, in the spring, 1859, been living with Nelson 
Coffey, in the seventh district, and that he had set in to make a crop 
with him, but that he and Coffey had fallen out, and he had left Coffey 
on the strength of it, and he was going to settle on his son’s land, in 
the fourth precinct, and build. 

By same. Is or not the vote of James Davis recorded on the poll- 
book of the seventh precinct; if so, for whom did he vote ? 

Answer. I have just examined the poll-book of the seventh district, 
and find the vote of James Davis recorded there for J. S. Chrisman, 
at August election, 1859. 

By same. Is or not the name of Patton Foster and Francis Win¬ 
chester recorded on the same poll-book, and for whom? 

Answer. I have the book before me, and state that the names of 
Patton Foster and Francis Winchester are both recorded on the said 
poll-book as voting for J. S. Chrisman for Congress, in the late 
August election. 

By same. Are you or not acquainted with the voters of the seventh 
district; if so, is there or not any other James Davis living in the 
seventh district than the one of whom you have spoken ? 

Answer. I am acquainted principally with the voters of the seventh 
precinct, and state that there is no other Janies Davis that lived in 


KENTUCKY CONTESTED ELECTION. 


289 


said district at the late August election that I know of, except the 
one I saw at my store, already spoken of. 

By same. Was there more than one Patton Foster or one Francis 
Winchester living in said precinct at the late August election? 

Answer. There was but one Patton Foster and one Francis Win¬ 
chester living in said precinct at the late August election that I 
know of. 


Cross-examined. 

By same. Has the said James Davis any children ? 

Answer. None living with him to my knowledge. 

By same. Did he tell you at the time you talked with him at your 
store how long he had lived in the seventh voting precinct in Wayne 
county? 

Answer. No, sir ; he did not. 

By same. You have stated that said Davis told you at your store 
that he had set in with Nelson Coffey, in the seventh precinct of said 
county, in the spring of 1859, to make a crop ; now can you state, 
from your own knowledge, that he did not make that crop with said 
Coffey ? 

Answer. I know he was at work last summer in the South Fork or 
fourth district after he told me he had left Coffey, as before stated. 

By same. You have slated that he told you that he intended to 
build on his son’s land in the fourth precinct; now state whether he 
ever did build on his said son’s land in pursuance of what he told you. 

Answer. I can’t say, because I don’t know. 

By same. Where does the said Mr. Davis now live? 

Answer. From the best information, he lives in the seventh voting 
precinct. 

By same. Is he a housekeeper or boarder at this time ? 

Answer. I suppose he is a housekeeper. 

By same. Have you ever known him to keep house in any but the 
seventh precinct of said county ? 

Answer. I don’t know anything about his keeping house anywhere, 
except hearsay. 

By same. How far does he now live from said Nelson Coffey’s ? 

Answer. I don’t know, sir. 

By same. Have you ever seen him at his son’s, in the fourth or 
South Fork precinct, in your life ? 

Answer. No, sir. 

By same. Is he or not a man that talks much, talks at random, and 
whose talk upon unimportant subjects is loose, unguarded, and uncer¬ 
tain ? 

Answer. I don’t know anything about that. I looked upon what 
he was telling me to b i the truth ; he seemed to be in earnest. 

By same. You have stated that Mr. Davis worked in the fourth pre¬ 
cinct last summer. Please state how you know that fact, and how 
long he worked there, and who he worked with. 

Answer. He told me he worked with Jake Sanduskey, and that he 
made for him one thousand rails in one week in the fourth district; 

H. Mis. Doc. 11-19 


290 


KENTUCKY CONTESTED ELECTION. 


also, he told me he worked for Ben. Atkins, cradling oats, in same 
district. This is all I know of his work or staying in the fourth pre¬ 
cinct, together with what he told me about living at his son's at my 
store. 

By same. Does the said Davis own land or other property, that you 
know of. 

Answer. No, sir; none except his clothing, &c. I voted for W. 
C. Anderson for Congress at the last August election. Ebenezer Rich 
was a warm friend of J. S. Chrisman. His vote is recorded for W. 
C. Anderson. 

THOMAS RYAN. 

Deposition of James Gibson, taken at the same time and place, 
being duly sworn: 

By Mr. Anderson's attorney. State whether or not you know E. F. 
Wallen ; if so, tell all you know about his residence for the last twelve 
months. 

Answer. I know E. F. Wallen ; he passed my house in the latter 
part of the summer or fall of last year; he was going, he said, to 
Scott county, Tennessee, to see his mother, who lived out there ; he 
said he expected to remain out there, and take care of her. 

By same. When did he return from Tennessee ? 

Answer. Somewhere about Christmas last, or after, I think. 

By same. Did he or not tell you he was going out to Tennessee to 
live there ? 

Answer. I don’t recollect that he said that. 

By same. Did he not, after his return to Kentucky, and before the 
election, tell you that he had to run away from Tennessee on account 
of a difficulty he had gotten into out there ? 

Answer. Yes, sir ; he said he had to run away from Tennessee on 
account of knocking down Dennis Angell. 

By same. Does or not said E. F. Wallen now reside in the town 
district of Wayne county. 

Answer. He does. 


Cross- examined. 

Where was Mr. E. F. Wallen raised? 

Answer. I can’t tell you exactly ; he was partly raised in this 
county, I expect; he was mostly raised in this (Wayne) county, is the 
best of my knowledge about him. 

By same. Were you ever at the house of the said Wallen’s mother? 

Answer. I never was. 

By same. Where do you live ? 

Answer. I live on the Little South fork, in district No. 4, about 
two miles from the Tennessee line. 

By same. Is Mr. E. F. Wallen a single or a married man ? 

Answer. He is a married man now. 

By same. When did he marry, and whom ? 

Answer. He married one of the Lovers ; he married, I reckon, in 
April or May last. 

By same. Where did he marry ? 


KENTUCKY CONTESTED ELECTION. 


291 


Answer. He married in Tennessee, close to the State line. 

By same. After he married where did he settle? 

Answer. He came down here somewhere in the town precinct, 
Wayne county, Kentucky, and stayed somewhere about Benoni Mills. 

By same. Where does he now live ? 

Answer. I can’t tell exactly ; I suppose he lives in the said town 
precinct, on Shelby Coffey’s land. 

By same. Do you or not know that he built a house in Tennessee 
for his mother, and returned alter completing the house to Kentucky ? 

Answer. No, sir ; I don’t know anything about it. 

By same. When he passed your house did he or not tell you that 
he was going to return to Wayne county, Kentucky? 

Answer. No, sir ; he did not say anything about returning. 

By same. How long after that until you next saw him ? 

Answer. It was some time, I think, after the following Christmas 
that I next saw him, which is last Christmas. 

By same. When and where did you next see him after the time last 
mentioned ? 

Answer. At my mother’s, in the fourth precinct, at my house or 
where I live, some time after last Christmas. 

By same. Did you have any talk with him on this last occasion, and 
what was it? 

Answer. He said, as before stated, that he had to run away for 
knocking down Dennis Angel. 

By same. Was he at that time married? 

Answer. No, sir. 

By same. When did his mother remove to Tennessee? 

Answer. I can’t tell you ; she has been there some time I expect. 

By same. Did you ever know her to live elsewhere than Tennessee ? 

Answer. Yes, sir ; she used to live in this county when her and 
Wallen, her own husband, lived together. ♦ 

By same. How long since she separated from Wallen, her husband? 

Answer. I would suppose they have been separated some three or 
four or five years, or may be more ; I don’t know. 

By same. Since the said separation has or not Wallen, her hus¬ 
band, resided in this (Wayne) county? 

Answer. I don’t think he has much. I think he has been in Clin¬ 
ton county most of the time. 

By same. Where did the said E. F. Wallen make his home in this 
county before he went to Tennessee? 

Answer. I can’t tell you. 

By same. Are there not a large family of Wallens in this county ? 

Answer. I suppose there are several of that name scattered around 
here. 

By same. Are you acquainted with many of the voters in the town 
precinct, Wayne county, Kentucky ? 

Answer. No, sir ; not very many. 

By same. Do you know that there arc no other persons named E. 
F. Wallen in Wayne county, and in the town precinct thereof? 

Answer. I know of no other one of that name. 


292 


KENTUCKY CONTESTED ELECTION. 


By same. When you saw him pass your house on his way to Ten¬ 
nessee, as he said, what did he have with him, and who? 

Answer. One of his brothers came there with him, and the same 
brother and a sister left there with him ; he was packing some clothes. 

By same. In what year was it he passed your house the first time? 

Answer. It was this year—I am mistaken, it was April or May of 
last year. 

By same. In what year was it that he next passed your house? 

Answer. It was some time after Christmas after that time. 

By same. When and how did Mr. Anderson or his friends learn 
what you knew about Mr. Wallen ? 

Answer. I don't know. I might have stated to some of them that 
it was not a lawful vote. 

By same. Did you ever tell any one of them ; if so, whom? 

Answer. I don't know that I did. 

his 

JAMES + GIBSON. 

mark. 


Also deposition of Ezekiel Cecil, being duly sworn: 

By Anderson’s attorney. Are you or not acquainted with John 
Massengill; if so, is he or not your son, and tell all you know about 
his age ? 

Answer. I am acquainted with John Massengill; he is said to be 
my son (illegitimate ;) he was, I am confident, born in the month of 
December, 1837. 

By same. How is it you remember his age? 

Answer. I was quite young at the time the child was said to be 
mine, and the law laid a heavy fine on me if it was mine; and was 
told that unless the mother proceeded against me in two years after 
the child’s birth I would be relieved, and I recollect that I watched 
the time very closely until the two years were out. 

By same. Were you married at the time the child was born ? 

Answer. I was not. 

By same. When were you married ? 

Answer. In 1843. 

By same. Do you remember how old young Massengill was when 
you married ? 

Answer. I have not counted it. I was married in 1843 ; he was 
born in 1837 ; you can count it. 

By same. Do you recollect where you were living when Massengill 
was born ? 

Answer. I was living in Fentress county, on a creek called White 
Oak. 

By same. Did not the same John Massengill of whom you have 
spoken live, at the time of the last August election, in the town pre¬ 
cinct of Wayne county ? 

Answer. I suppose that he did ; I saw him here the day of the 
election just as he said he was going in to vote ; I saw him after¬ 
wards, and he said he had voted. 

By same. Did you or not move from White Oak soon after Massen¬ 
gill was born ? 


KENTUCKY CONTESTED ELECTION. 


293 


Answer. If I am not mistaken, I moved from White Oak the 
spring after his birth ; in March, I think. I went some five miles. 

By same. How long did you stay at this last place? 

Answer. Two or three years, I think. 

Cross-examined. 

Where does the said Massengill’s mother now live? 

Answer. I never was at her house ; it is said she lives on Beaver 
creek, in this, Wayne, county. 

By same. Where was the said Massengill born? 

Answer. On a creek called White Oak. 

By same. In what season of the year was he born ? 

Answer. In December is my recollection. 

By same. How long after his birth did you remain on the creek 
in Tennessee called White Oak? 

Answer. If I am not mistaken, I left there about March next fol¬ 
lowing his birth. 

By same. Where did you move to from there ? 

Answer. We moved to another creek in the same county called 
Black creek, about five miles distant from my former residence on 
White Oak. 

By same. How long did you live on Black creek, and where*did 
you next move to ? 

Answer. I can’t say exactly ; I believe it was three years ; I left 
my father there and went into the Hiwasse purchase, in Meigs county, 
Tennessee, where I remained near twelve months ; my father moved 
from Black creek in the spring ; I and my sisters remained and made 
a crop on the place, and I left for Hiwasse, as stated, in that fall; I 
then came back to Fentress county. 

By same. To whose house and what place as a home did you 
come to on your return to Fentress ? 

Answer. I came to my father’s house, where I remained from fall 
until the next spring ; I then married a Corply, and remained there 
until that fall. 

By same. In what year was your marriage ? 

Answer. My marriage was in the year 1843. 

By same. Where did you move to the fall after your marriage, and 
how long did you remain? 

Answer. I moved about one-balf mile from my father’s, in the 
same county, where I staid two or three years, I believe; I think 
something like two years. 

By same. Where then did you move to? 

Answer. About eight miles from there, still in the same county, 
where I remained, if I mistake not, not quite twelve months. 

By same. Where next, and how long did you stay ? 

Answer. Into this, Wayne, county, Kentucky. 

By same. To what point in Wayne county did you move? 

Answer. I moved on what is called Langham’s fork of the Little 
South fork. 

By same. In what year was this last move made? 


294 


KENTUCKY CONTESTED ELECTION. 


Answer. I don’t know that I could tell you without counting 
awhile ; I believe, though, it was about in 1848. 

By same. How long did you remain at the first place to which you 
moved, as last stated ? 

Answer. I think it was between two and three years. It was two 
years ; and from fall till spring. 

By same. To what place did you next remove, and how long did 
you stay ? 

Answer. Next moved into Tennessee, Fentress county. 

By same. In what season of the year and what month did you 
make this last move ? 

Answer. I could not say positively ; it was somewhere from the 
middle of February to the first of March ; I think it was between 
the middle and last of February. 

By same. How long did you remain at the first place to which you 
moved in Fentress? 

Answer. I moved to another creek called White Oak in said county, 
when 1 stayed there and close there about four years. 

By same. To what place did you next move ? 

Answer. To this (Wayne) county, and have remained here ever since. 

By same. In what year, month, and date did you last move from 
Tennessee to this county ? 

Answer. It has been four years last November ; I disremember the 
day. 

By same. How many lawful children have you ? 

Answer. Six. 

By same. Please tell the date in which each was horn. 

Answer. Without a right smart study I could not fix the dates of 
all; the eldest, if I am not mistaken, was horn July, 1844 ; the young¬ 
est was born last March, in 1859. This is all I can remember at present. 
There is some little advantage of two years between each of them. 
There is one dead. 

By same. Has the said Massengill ever lived with you ? 

Answer. No, sir ; I know of no other John Massengill in this dis¬ 
trict. 

EZEKIEL CECIL 

Also the deposition of Sarah Horton—same time and place—first 
duly sworn: 

By Mr. Anderson’s attorney. Is not John Horton your son? 

Answer. He is. 

By same. Where did he live before he went to Cecil’s, in Mercer 
county ? 

Answer. He has always made my house his home ; he kept his wash¬ 
ing with me and sewing ; he stayed at home last fall, (1858,) and sowed 
his wheat before he left, and went and worked at Kelley’s last sum¬ 
mer a year ago ; then came home and sowed his wheat; Kelly lives 
close to me. In February last (1859) he went up in Mercer county, 
Kentucky, to work for R. H. Cecil; stayed until the election; then went 
back and stayed awhile longer ; then came home to my house about 
one month ago ; then went to Georgia with a hog-drover. While he 


KENTUCKY CONTESTED ELECTION. 


295 

Btayed at Cecil’s I did part of his sewing and sent it to him in Mer¬ 
cer county ; when he left to go to Mercer, he told me he was going to 
stay until he made a crop, and was then coming home ; while was in 
Mercer lie wrote to me not to rent my land nor still-house, that he 
wanted it. 

By same. Do you or not live in Mullentown precinct, No. 2 ? 

Answer. We live in Mullentown precinct, No. 2. 

By same. Did or not John Horton tell you that he was going to 
work with Cecil until he paid a debt that he owed him ? 

Answer. That was the conclusion ; he said he wanted to pay the 
debt, and knew no better way of doing it. 

Cross - examined. 

Where was your son John’s washing done while he lived in Mercer 
county ? 

Answer. You know I could not do his washing here ; at Cecil’s, I 
reckon, in Mercer county. 

By same. When he went to Mercer county, did he or not take all 
his clothes ? 

Answer. He took the most of them ; he left a few of them. 

By same. What description of clothes did he leave ? 

Answer. He did not leave much of anything; he left some shirt- 
collars ; I don’t know that he left anything but a couple of shirt- 
collars. 

By same. Did he leave any other property in Wayne county when 
be left? 

Answer. I don’t think he left anything ; he had a little piece of 
land he had taken up ; when he came back from the election I had 
cut his wheat and mixed it with mine, and he said it would make us 
a cake. 

By same. When he came home about the election, as you have 
stated, how long did he remain at your house? 

Answer. He stayed down a week ; he then went back to Mercer 
county, and stayed two months at Cecil’s ; then came back to my 
house and stayed about a week, and then started to Georgia, as I have 
stated ; when he started to Georgia he told me he would not go all 
the way if he could get off. He told me not to lease my land, that 
he was coming back to make a crop at my house next summer with 
the other two boys. 

By same. What contract, if you know, did he make with Cecil 
when he went with him to Mercer ? 

Answer He went to work at $15 per month until the crop was 
made. When that contract was out, he told me when he came home 
about the election that he had made a further contract to go back and 
do some other work for Cecil at $13 per month. 

By same. At what time did he bring his clothing back from Mercer 
county? 

Answer. He brought them back when he came home the last time, 
about a month ago. 

By same. Where are his clothes now? 


296 


KENTUCKY CONTESTED ELECTION. 


Answer. They are at my house. 

By same. How long since he made his last crop at your house ? 

Answer. He has not made any crop there in a long time; last sum¬ 
mer was two years ago he stayed at my house, and was not able to work 
much, though he knocked about some and helped in my crop. 

By same. How old is he ? 

Answer. HeTl be 23 years old next February. 

By same. Has he or not hired himself from place to place all the 
time since his majority? 

Answer. He has made no crop at home since he was 21 years old ; 
he has just hired about. 

By same. Has he or not took a trip and stayed awhile in Tennessee, 
after he worked at Kelly’s? 

Answer. Before he worked at Kelly’s he took a trip to Tennessee, 
and was gone a little over a month ; he worked a month in Tennessee 
with Mr. Perry Hall, in McMinn county. 

By same. How far from here ? 

Answer. About one hundred miles, I reckon. 

By same. Have you or not heard your said son say that he had voted 
for some person or persons in the town of Monticello, Kentucky ? 

Answer. I don’t mind hearing him say anything about voting in 
town. 

By same. What did he go to McMinn county, Tennessee, for ? 

Answer. He said he had concluded that he could make more money 
down there than here ; when he came back from Tennessee, he said 
he found he could not do as well there as he could do here, and he 
came home. 

By same. What time was this when he returned from Tennessee? 

Answer. It was the latter part of the winter of 1857 or the spring 
of 1858. 

By same. When he went to Tennessee, did he not tell you he was 
going to remain there? 

Answer. He never said how long he was going to stay, as I re¬ 
member. 

By Mr. Anderson’s attorney. Did or not your son John keep say¬ 
ing from year to year that he intended to quit being out, and try to 
stay at home and make a living? 

Answer. Yes ; that was what he said ; every year he would say he 
did not intend to hire out any more, but somebody would come and 
persuade him to work for them. 

SARAH HORTON. 

Also the deposition of William Guffey, taken at same time and 
place, being duly sworn : 

By Anderson’s attorney. Are you or not acquainted with Alberry 
Choate ? 

Answer. I am. 

By same. Tell all you know about his residence for the last twelve 
months. 

Answer. He came to my house in February, 1859; he came there 
to make a crop with me. I live in the Edwards precinct, No. 3, of 


KENTUCKY CONTESTED ELECTION. 


297 


Wayne county. When he came there to my house he told me that 
he lived down on Otter creek, in the Mullentown precinct, No. 2. I 
think he stayed at my house until about a week before the election, 
then went to Parish Graham’s in Mullentown district; and when he 
came back to my house on Saturday before the election he told me he 
was going to live at said Parish Graham’s. When first he came to 
my house it was for the purpose of hiring to make a crop only ; his 
wife was during that time at her father’s, (Joel Acre’s,) who lives in 
Mullentown precinct, Wayne county. He told me his wife had left 
him ; I don’t know where they live when together. 

By same. Did he claim your house as his home, or did he only claim 
to be there during the cropping season? Where did he tell you his 
home was ? 

Answer. I don’t know whether he had any particular home. I 
can’t say only what I have already stated about his statements. I 
remember no other statements of his in regard to his place of resi¬ 
dence. 

By same. Did he or not tell you the Saturday before the August 
election, 1859, that he had been working at Parish Graham’s that 
week, and that he was then living with Graham? 

Answer. Yes, sir; he did tell me that he was then working for 
Parish Graham, and had been for a week; and that he was then living 
with said Parish Graham. 

By same. Did not Parish Graham at that time live in the Mullen¬ 
town or 2d voting precinct of Wayne county, Kentucky? 

Answer. That is my understanding; he lives down on Otter creek, 
about a half mile below John Bell’s. I have just examined the 
boundary of precinct, No. 2, and say that Parish Graham lived in 
Mullentown precinct, No. 2 a of Wayne county, and I lived in Edwards 
or No. 3, at the time mentioned. 

By same. Was not said Alberry Choate’s time out with you when 
he went to Graham’s? 

Answer. It was out. 

By same. Did he or not take his clothing with him when he went 
down to Parish Graham’s about the week before the election ? 

Answer. He did ; he took them with him from my house about a 
week before the election and went off, and when he came to my house 
the following Saturday, it was that he told me he had gone to live 
with Parish Graham. 

By same. Did he leave any property at your house ? 

Answer. He left nothing at my house. 

By same. Have you or not just examined the poll-book of the 3d or 
Edwards district, Wayne county, the same in which you live ; if so, 
is said Alberry Choate’s name on said book as voting ; if so, for whom 
is his vote recorded? 

Answer. I have just examined the poll-book for the 3d precinct of 
Wayne county, for last August election, (1859,) and there find the 
name of Alberry Choate recorded as voting for J. S. Chrisman for 
Congress. 

By same. Do you know any Choates in said 3d district ? 

Answer. I don’t think there is a Choate, or man of that name, 


298 


KENTUCKY CONTESTED ELECTION. 


who lived in the 3d district of Wayne county on the day of the last 
August election. 

By same. Are you not acquainted with the Choate family ; if so, 
is there or not but the one named Alberry? 

Answer. I am well acquainted with the Choate family, of Wayne 
county, and say that there is no one of that family named Alberry 
except the one of which I have been speaking, that I know of? 

Cross - examined . 

When Alberry Choate came to your house last February, was 
there any agreement with you as to when he should leave your 
house ? 

Answer. No, sir. 

By same. Did he or not bring his clothes and keep his washing, 
and make his home at your house while he remained there ? 

Answer. We washed for him ; he said part of his clothes were on 
the creek; he brought a few clothes to my house. He staid there until 
he made the crop; I know of no other home that he at that time had. 

By same. What sort of a crop did he make; and was part of it his ? 

Answer. We made a good crop; he agreed to stay with me until 
the crop was finished for a horse which I gave him. 

By same.. When did he move that horse from your house ? 

Answer. He moved him a week, or may be a day or two over a 
week, before the last August election. 

By same. When he left your house a short time prior to the last 
election, as you have stated, and then returned again, did he not tell 
you on his return that he had been fixing to sow wheat somewhere, 
and that he was going to move ? 

Answer. He said he had been at work at Parish Graham’s for a 
week ; he said he had set in to work for Parish Graham and had been 
fixing for sowing wheat, turning over wheat ground, and was going 
to make a crop with him. 

By same. How long did he remain at Mr. Graham’s ? 

Answer. He was there the last account; he may he there now. 

By same. Had he or not separated from his wife before he set in 
with you, and had he any property ? 

Answer. He said when he came to my house that his wife had left 
him ; if he had any property when he came there I did not see it or 
know of it. 

By same. Do you know where he was on the day before the election? 

Answer. He left my house on Sunday morning before the election, 
after breakfast. 

By same. How long had he been there this last time? 

Answer. I think he came there on Saturday morning last, before 
daylight. 

By same. Did he take any clothes with him on the Sunday before 
the election when he left your house, except what he wore ? 

Answer. I don’t know whether he took anything that day or not. 

By same. Did you see him take any clothes from your house on any 
day? 


KENTUCKY CONTESTED ELECTION. 


299 


Answer. I only saw him take what he had on his back ; he had on 
one shirt and he was going to put on another ; he had on a summer 
coat and put his overcoat on over it; I saw him do this. If he left 
anything I don’t know it. 

By same. For whom did you vote in the late race for Congress ? 

Answer. I did not vote at all; I was sick and did not get there. I 
wanted to get there very bad and vote the opposition ticket. 

By same. Do you know anything about tbe residence or age of 
James S. Lowe, who voted for W. C. Anderson in the last race for 
Congress ? 

Answer. No, sir; I do not. 

WILLIAM GUFFEY. 

The deposition of Benj. Burk, taken at same time and place, being 
duly sworn, and of lawful age : 

By Mr. Anderson’s attorney. Were you or not at the August elec¬ 
tion, 1859, at the seventh precinct in Wayne county? If so, did you 
or not see Patton Foster, Francis Winchester, and James Davis vote ? 
If so, for whom did they vote ? 

Answer. I was present at said August election, 1859, at seventh 
precinct, and saw Francis Winchester and James Davis vote. They 
voted for J. S. Chrisman for Congress, and the poll-book now before 
me shows that fact; it also shows that Patton Foster voted for Chris¬ 
man for Congress in said election. I saw him go up to vote ; a 
squabble was raised, and I did not see him vote. He told me after¬ 
wards that he succeeded in voting. 

By same. Is there any other person of the name of James Davis, 
Patton Foster, or Francis Winchester who lived in said district at 
time of said election ? 

Answer. There are no other persons of those names in said district 
who are grown, nor were there any such there before the election, 
except the names mentioned. 

By same. Are you or not well acquainted in said district? Do you 
know all the voters of said district? 

Answer. I am tolerably well acquainted in said district; was born 
and raised in the country now composing said precinct. I think I 
know a good many of the voters of said precinct. 

By same. Where did F. Winchester, Patton Foster, and James 
Davis, of whom you have spoken, come from ? 

Answer. Patton Foster came from Tennessee; James Davis was a 
man that had been moving about from place to place ; Winchester 
had come from Whitley county during the summer. I understood he 
had lived not far from the Oil Well when he lived in Whitley. He 
lived with Riley Winchester when he came over to Wayne county. 

Cross-examined. 

How do you know that Patton Foster ever lived in Tennessee? 

Answer. I never saw him there; I know only from hearsay ; he 
told me he moved from there when he came over. 

By same. Were you ever at Francis Winchester’s, in Whitley 
county, Kentocky? 


300 


KENTUCKY CONTESTED ELECTION. 


Answer. I never was there while he lived there. 

By same. How do you know, then, that he ever lived in Whitley 
county ? 

Answer. I did not know, only from report. 

By same. How do you know the time he moved in the house with 
Riley Winchester? 

Answer. I do not know, only from report. 

By same. When did you first see him there ? 

Answer. I think it was in July. 

By same. Do you know from your own knowledge where he had 
been before he came there ? 

Answer. No, only from report. 

By same. Do you know anything of your own personal knowledge 
about where James Davis lived at any time ? 

Answer. Yes, sir; he lived at Nelson Coffey’s in the latter part 
of last winter. I never saw him there in my life. I don’t know that 
he ever lived there, except what Coffey said. 

By same. Which of the said persons, Patton Foster, Francis Win¬ 
chester, or James Davis, voted first, which second, and which last, 
if you recollect ? 

Answer. I do not recollect. I think Winchester voted towards the 
last; I am not certain. 

By same. For whom did you vote in the last race for Congress at 
the last August election ? 

Answer. For W. C. Anderson for Congress. 

By same. Do you know anything about the residence of Elijah 
Spradler at and prior to the last August election ? 

Answer. No, sir ; I do not; I know he was living where he lives 
now about the first of last April, or somewhere along in April. 

BENJAMIN BURK. 

Also the deposition of Bartholomew Lawson, taken at same time 
and place : 

By Anderson’s attorney. Is or not James Lawson your son ? 

Answer. He is. 

By same. State where James Lawson resided at the last election. 
State how long he had lived there, and all you know about it. 

Answer. James Lawson was living upon the mountain above Cap¬ 
tain F. M. Goddard, in this district, No. 1 ; he built his house there 
in March last, and lived there, and then hired to William Minett, 
and worked for him awhile ; he left Minett’s in April, some time 
along, perhaps about the last; there was some talk of Lawson’s 
wife’s sister going to leave, and Lawson’s wife wanted to go to see 
her, and they went to see her in Tennessee, and were gone about 
three weeks. He then came back to my house and stayed all night, 
and next day put up his plunder and went back to the house he had 
built in the spring on the hill, as before stated. When he left 
Minet’s he left a part of his things at Minet’s, and brought the bal¬ 
ance to my house. 

By same. Does not Minet live in this district, and did he not live 
here last spring ? Did not James Lawson move all of his things, 


KENTUCKY CONTESTED ELECTION. 301 

after he came back from Tennessee, to the house on the hill, and live 
there until the election ? 

Answer. Minet lives in this district, and did last spring. James 
Lawson moved all of his things to his house on the hill after he came 
back from Tennessee, and continued to live at the same place until 
the election. 

By same. What month was it in he moved on the hill ? 

Answer. It was in the month of May. 

By same. How long have you been living at the place you now live ? 

Answer. I have been there two years this last time, and lived there 
one year before that. 

By same. Whose land do you live on ? 

Answer. On Arthur Rankin’s land, about half a mile above his 
house ; and I live on the bank of Beaver creek. 

By same. Until recently was not the place where you live always 
regarded as in this district ? 

Answer. This is what I understood. 

By same. Have you or not generally voted in this district when 
living at the place where you now live and did at the last election? 

Answer. I always voted here (district No. 1) when living at the 
place where I now live and did live at the last election. 

By same. Did you or not vote two years since last August at this 
place for Anderson and Buster ? 

Answer. I did ; I was living at the same place where I now live. 

By same. Did you ever vote in the Mulleutown district while living 
where you now live? 

Answer. I never voted there at all. 

Cross-examined. 

Question. Where did your son, James Lawson, live while he was 
building his said house in district No. 1 ? 

Answer. He was living the most of the time with one of the 
Wallens, on F. M. Goddard’s land, in the town precinct. 

By same. When did he first move into his said new house? 

Answer. He moved into it in March last. 

By same. Did you help him move? 

Answer. I did not; he said he did ; I was up there in March and 
saw him in it. 

By same. How long after you were up there before he left it? 

Answer. It was not many days before he left it to go to Minet’s to 
work. 

By same. When you were up there did his family live in the said 
new house with him? 

Answer. His wife was living there with him, and child. 

By same. When he went to work for Minet where did his wife and 
child go ? 

Answer. She went with him to Minett’s. 

By same. Did he at the same time move all his household to 
Minet’s, or where? 

Answer. He at that time took part of his things to Minet’s and 
part to my house. 


302 


KENTUCKY CONTESTED ELECTION. 


By same. What things did he take to Minett’s? 

Answer. He took his working clothing and some bed clothing. 

By same. What bed clothing did he take? 

Answer. He took some bed-quilts, I suppose, and his clothing ? 

By same. Do you know that he took quilts to Minett’s, or is it only 
hearsay ? 

Answer. I know certain he took one ; I saw him take it. 

By same. What did he bring to your house? 

Answer. He brought some pot vessels, piggins and pails, &c. 

By same. Did he or not bring all to your house that he did not 
take to Minett’s? 

Answer. Yes, sir. 

By same. Do you know under what contract he went to Minet’s ? 

Answer. I did not hear the contract; I know nothing of it from 
my knowledge. 

By same. How long did he then stay at Minet’s ? 

Answer. I wont be certain how long ; I don't think he staid more 
than two or three weeks. 

By same. Did he and his wife leave Minett’s at the same time ? 

Answer. They both left Minett’s at the same time, and went to 
Tennessee. 

By same. What part of Tennessee ? 

Answer. I cannot tell you. 

By same. In what month did they leave ? 

Answer. In April. 

By same. In what month did they return to your house ? 

Answer. They came there in May. 

By same. What time in May ? 

Answer. A little past the middle of May; they were gone about 
three weeks, 

By same. Can you state from your own knowledge that they left 
anything at Minett’s when they started to Tennessee? 

Answer. Yes, sir. 

By same. How do you know ? 

Answer. I heard Minett say so when he came back ; he went there 
after things ; he took them up on the mountain to his house. 

By same. How do you know this ? 

Answer. I heard him say so. 

By same. When he returned from Tennessee, where did he come 
to first? 

Answer. He came to my house. 

By same. When he started to Tennessee did he not start from your 
house ? 

Answer. No, sir ; I heard him say he started from Minett’s. 

By same. How do you know what he went to Tennessee for? 

Answer. I understood from Billy Gepson’s wife that his (James 
Lawson’s) wife’s sister was going to move away from Tennessee, and 
that they went to see her before she moved. 

By same. Is or not Mr. Minett, of whom you have spoken alive 
and well in this county? 


KENTUCKY CONTESTED ELECTION. 


303 


Answer. William Minett, of whom I have been speaking, is alive 
and still living in this county, and well, as far as I know. 

By same. For whom did you vote at the late election ? And is not 
your vote and your son’s both challenged? 

Answer. 1 voted for W. C. Anderson for Congress at the late elec¬ 
tion ; they sa y our votes are both challenged, mine and my son James. 

his 

BARTHOLOMEW + LAWSON. 

mark. 

Deposition of George Sumpter, taken at the same time and place : 

By Anderson’s attorney. Did you or not vote for W. C. Anderson 
at the late August election ; and if so, at what precinct and in what 
county ? 

Answer. I voted for W. C. Anderson for Congress at the late 
August election; I voted at the town precinct, No. 1, in Wayne county, 
Kentucky. 

By same. Where were you raised, and where does your father live ? 

Answer. I was raised in this (Wayne) county ; my father has lived 
six or seven years in said county, and in the town precinct. 

By same. Where have you claimed your residence for the last two 
years ? Tell all about it. 

Answer. At my father’s; I went from Wayne county to the coal banks 
in Pulaski, to work, in March, 1857, and remained there until in De¬ 
cember, off and on ; sometimes at home ; I then went to Nashville on 
a coal boat, came back, went to Pulaski, staid two weeks, then came 
home in February, 1858, worked at Pleasant Grove town precinct, 
Wayne county, some fifteen or sixteen days; then came home, staid a few 
days, then went to Robertsport, in Wayne county, and went to school 
some five miles from Robertsport one month; I then worked one 
month for Wiley Johnson at Robertsport, then returned home ; was 
backwards and forwards from home to Robertsport until February, 
1859, at which time I hired to R. H. Cecil to work on his farm in 
Mercer county, Kentucky ; I remained with him until July 29, 1859, 
then came home and voted ; I returned to Mercer a few days after the 
election, worked for Cecil one week or more, then worked for Dean, in 
Mercer, forty-two days ; I then returned home, and have been in this 
county ever since, except when visiting ; I considered my father’s my 
home all the time. 

By same. When you went to Mercer county did you go to stay, or 
with the intention of returning ? 

Answer. I went with the intention of returning home to my 
father’s in April or May ot the same year, but did not get off until 
the time above mentioned. 

By same. Were you not requested and urged to vote in Mercer 
county at the May election of 1859 ? If n^t, why ? 

Answer. They wanted me to vote there at the May election, 1859 ; 
I told them it was not my home and that I could not vote there, and 
did not vote there. 

By same. Have you or not always voted here? 


304 


KENTUCKY CONTESTED ELECTION. 


Answer. 1 have always voted at the town precinct, Wayne county, 
Kentucky, to the best of my recollection. 

By same. Did you or not write some letters, and to whom, while 
you were staying in Mercer county ? If so, make them a part of your 
deposition. 

Answer. While in Mercer I wrote several letters; one in April to my 
brother Joseph; one on May 11 to my mother, brothers, and sisters; a 
third letter on 17th June to my father and mother, all of which, 
marked A, B, C, I make a part hereof; these letters I mailed to the 
persons to whom they were addressed at Monticello, Wayne county, 
Kentucky. 

By same. Did you ever leave your father’s when you went to Pu¬ 
laski, or any other place, with the intention of not returning, or of 
giving up your residence and home at your father’s ? 

Answer. I never left my father’s with the intention of giving up 
his house as my home. I always intended to return. When I went 
to Pulaski, 1 went with the intention of returning to my father’s. I 
had no fixed time of returning. I, however, came home and voted 
while staying in Pulaski. 


G r oss-examined. 

Did you or not come from Mercer county down here just before the 
August election last for the purpose of voting, and on no other 
business ? 

Answer. Yes, sir; I came to vote and on other business. 

By same. Do you state certainly that you never voted elsewhere 
except in Wayne county, Kentucky ? 

Answer. Yes, sir. 

By same. Are you certain that you have never voted outside of 
the town precinct in which your father lives? 

Answer. If I did I don’t recollect it. 

By same. How old are you ? 

Answer. Twenty-eight years old the 18th day of last May. 

By same. How many times have you voted in the town precinct, No. 
1, and for whom, if you remember? 

Answer. I have voted for P. C. K Buster for legislature ; for An¬ 
derson twice for Congress, and for E. L. Yanw inkle, and for F. T. 
Fox, and Flem Bates, for sheriff, and for Shelby Coffey, jr., this year. 

By same. When in Mercer, did you or not have all you possessed 
with you ? 

Answer. No, sir. 

By same. What was left behind and where was it ? 

Answer. The biggest part of my clothes were left behind at my 
father’s. 

By same. While in Mercer county, Kentucky, where was your wash¬ 
ing done? 


KENTUCKY CONTESTED ELECTION. 


305 


Answer. At Mr. Cecil's, in Mercer county, Kentucky. 

By same. Have you ever had any settled place of business or em¬ 
ployment since you were 21 years old ? 

Answer. No, sir. 

By same. Have you worked any at your father’s since you were 21 ? 

Answer. Yes, sir. 

By same. How long at any one time ? 

Answer. I don’t recollect; not more than a year ago I helped him 
work out his corn. 

By same. Did you ever work at your father’s as much as a month 
at a time ? 

Answer. I think I have. 

By same. When was it ? 

Answer. I don’t recollect; I have worked there, off and on, fre¬ 
quently ; I did not think I would have to remember it. 

By same. Have you worked there any since your return from Mer¬ 
cer county ; and if so, how much ? 

Answer. Yes, sir ; I worked a piece of a day. 

By same. How much have you worked there, as well as you can 
recollect, in the last two years ? 

Answer. In July or August, 1858, I worked two days that I know 
of at father’s ; this is all 1 recollect, except the piece of a day I have 
spoken of. 

By same. Where are you now living? 

Answer. My home is at father’s ; I have been working at Roberts- 
port, in the Mill Spring precinct; I am now going to my father’s. 

By same. Do you own any property at your father’s ? 

Answer. No, sir. 

By same. Did you not claim your father’s as your home for the 
purpose of getting a vote while you were in Mercer county ? 

Answer. No, sir, (with emphasis.) 

By same. Have you listed for taxation with the commissioner of 
tax this year in Wayne county? 

Answer. I think, since Roberts was elected commissioner of tax, 
my father has listed for me once. I have listed every year except one 
for myself, and my father listed for me, is my understanding from 
the assessor, for that year. 

By same. State, as well as you recollect, how many days you staid 
at your father’s at each and every return you made to your father’s ? 

Answer. I came from Pulaski in April, 1857, and staid a week, I 
think ; the next time I came home from Pulaski again in June, 1857, 
and staid ihree days; I also came home sometime in July, and 
staid, I think, fifteen days at father’s and at Monticello; I next 
returned home from Pulaski in October, 1857, and staid a week ; I 
next returned sometime in December, same year, from Nashville, and 
remained until the last of January, 1858 ; I then went to the coal 
banks, and returned in February of the same year ; I don’t recollect 
how long I staid at father’s on this return ; I don’t know where I 
next went. The next work I did was at Pleasant Grove ; last summer I 
went backwards and forwards to Pulaski county to collect my money; 
next after working at Pleasant Grove I went to school some miles 
H. Mis. Doc. 11-20 



306 


KENTUCKY CONTESTED ELECTION. 


(about five) from Robertsport; I came to father’s while going to 
said school, and kept my washing there. The school I went to is 
about 18J miles, the way I go. I did not go to father’s for clothes 
every week ; I took clothes to do two weeks at a time. When I quit 
school I returned to father’s, and staid I don’t recollect how long ; 
I then went to Wiley Johnson’s and worked a month ; while at said 
Johnson’s I hired a black woman that lived there to wash for me 
when I did not come home. When the month was out I returned to 
my father’s, and went backwards and forwards to Robertsport, and 
goodness knows where else, until I went to Mercer. 

By same. For the last 18 months have you had any employment in 
Wayne county except the month’s work at Johnson’s and the work at 
Pleasant Grove ? 

Answer. I don’t particularly recollect whether 1 have or not; I 
don’t recollect any other. 

GEORGE W. SUMPTER. 


A. 


April 12, 1859. 

Dear Brother J oseph : I received your letter the 28th day of March, 
which gave me some satisfaction to know that you all were well at 
present. I am well at present, hoping when these few lines come 
to your hands that they may find you enjoying the same blessing. I 
have not much to write, only I can say that this county is better for 
hired men. They can do better here than in Wayne county; they 
can get from fifteen to twenty-five dollars per month. Tell mother to 
send my clothes by R. H. Cecil when he comes up here, for I want to 
come home as soon as corn is planted. You w T rote to me that you were 
going to marry. I want you to get somebody to pin a clout to you 
and her the night you get married, because you will nasty yourselves; 
because it is common for children to nasty themselves when they are 
so young ; so no more on that subject. I want you to write to me as 
soon as you get my letter. Tell mother I want her to send me word 
if my sweet-heart is married or not; tell her she knows which one ; 
it’s the light-haired girl over the way. I want to hear from home 
every month ; write to me, and I will to you. Direct your letters to 
Harrodsburg, Mercer county, Kentucky. So I shall close my short 
epistle. 

I remain your affectionate brother, 

G. W. SUMPTER. 

B. 

May 11, 1859. 

Dear Mother : I received your letter the 2d day of May, which 
gave me great satisfaction to hear you were well, and all the rest of 
the family were well. You said that you wanted me to come home 
according to promise, but I cannot come as soon as I expected to, be¬ 
cause we have not any time to stop, on account of our corn ; it 


KENTUCKY CONTESTED ELECTION. 


307 


has been so wet here that we (lid not get our corn planted as soon as 
I thought we would, but you may look for me os soon as I can 
get off well, by the first of August, if I live and nothing happens to 
me, because I want to vote for Bell and Coffee. I have nothing to 
write to you unless that I am well and doing very well. 

Mother, I want you to send my coat and waistcoat by R. H. Cecil 
when he comes up here, and my summer pants also to me, because I 
don’t want to buy anything up here, for 1 want to save my money to 
pay my debts when I come home. Tell Marion I want to know how 
he gets along, and what he has done with his trial in court. I must 
bring my letter to a close. 

Remaining your affectionate son, 

G. W. SUMPTER. 

C. 

Mercer County, Ky., June 17,1859. 

Dear Father and Mother, and Sisters and Brother : I now take 
my pen in hand to inform you all that I am in pretty good health, 
hoping that when these few lines come to your hands they may find 
you all enjoying good health. I received your letter the 14th of June; 
I found you all were well. You said that you wanted me to come home 
as soon as I could. I will come about the last of July if nothing hap¬ 
pens. I have nothing new to write to you all, only we have fine corn 
crops up here. R. H. Cecil and family have got here safe. I must 
bring my letter to a close by saying that I will come home before I 
write any more. Mother, don’t think the time long, for I will 
come as soon as I can. I want to get my money to pay my debts. 

So nothing more at present, but remain your dutiful son, 

G. W. SUMPTER. 

Also the deposition of E. L. Van Winkle, taken at the same time 
and place: 

Question by Anderson’s attorney. Did you or not give a deposition 
for James S. Chrisman in this contest ? 

Answer. I did. 

By same. State what you heard James S. Chrisman state since the 
election in reference to his contesting the seat of W. C. Anderson, and 
what he stated in reference to mileage and per diem ? 

Answer. I think I have heard him speak of that subject as often 
as twice. He said the contest would not cost him anything ; that, if 
beaten, his mileage and pay would cover his expenses ; that those of 
his party would not charge him—at least many of them would not. 
I think I remarked to him that I understood the rule to be that the 
contestant got pay ; he said yes, and that and his mileage would 
about cover his expenses, except his bills at Washington. 

By same. In your former deposition you stated that you saw some 
of the poll-books of Boyle county in the possession of Mr. W. C. An¬ 
derson. State whether or not said Anderson returned them to the 


308 


KENTUCKY CONTESTED ELECTION. 


clerk’s office the next morning afterwards. Tell all you know about 
it. Was or not the comparison made by the county board before said 
Anderson had said books ? 

Answer. It was on Friday night after the election that I saw tho 
poll-books at Mr. Anderson’s, on the day before the board had ex¬ 
amined the poll-books and forwarded their certificate ; so I under¬ 
stood ; I don’t know that Mr. Anderson had all of the poll-books 
with him; he and Cowan were looking over them, Cowan making or 
taking notes with a pencil; I laid down on the bed, and after a little 
fell asleep ; when I awoke they had quit the examination, or were 
just closing up the matter ; Anderson and myself went to bed and 
slept together ; we got up late next morning, breakfasted, and started 
up town ; that Mr. Anderson had the poll-books with him is my re¬ 
collection ; we separated, I went to my tavern, he towards the clerk’s 
office. 

By same. Were or not the poll-books altered in your presence at 
any time, or with your knowledge ? 

Answer. They (the poll-books) were never altered in any particu¬ 
lar in my presence, nor have I any knowledge that they were altered 
at any time. 

Cross-examined . 

Did you or not hear many of Mr. W. C. Anderson’s public 
speeches while making the canvass for Congress last summer? 
if so, did he or not declare, in substance, in some of those addresses, 
that if he were elected to Congress he would vote for a democrat 
against a black republican for Speaker of the House of Representatives, 
and also that he would vote for a democrat for President of the Uni¬ 
ted States in 1860 against a black republican, in the event the elec¬ 
tion of President should devolve on Congress 

Answer. 1 have heard Mr. W. C. Anderson say in his public 
speeches that he would vote for an opposition Speaker of the House, 
and if he could not get his man he would, in a contest between a 
democrat and black republican, vote for the democrat for Speaker ; I 
don’t remember ever hearing him say that if the presidential election 
got before Congress he would vote for a democrat against a repub¬ 
lican ; he may have so declared, but I don’t remember it. 

By Anderson’s attorney. Has or not J. S. Chrisman, ever since the 
organization of the republican party, been unmeasured in his abuse 
and denunciation of that party, its men and measures ; and did he or 
not in his speeches last summer iank them as an opposition party to 
Buchanan’s administration ? 

Answer. He has been the most bitter denunciator of the black 
republican party that I have heard in Kentucky, at least that is my 
opinion, and I have heard a good many public speakers on that ques¬ 
tion. He ranked the black republicans as the oppositionists of 
democracy, and the opposition south as the aiders and comforters of 
the black republicans, that is, the leaders of the southern opposition. 
Mr. Anderson always expressed himself as being opposed to the meas¬ 
ures of the republican party upon the subject of slavery, &c. 

E. L. VAN WINKLE. 


KENTUCKY CONTESTED ELECTION. 309 

The further taking of depositions is adjourned until Monday, De¬ 
cember 5, at 8 o’clock, a. m., this December 3, 1859. 

G. W. MILLS, 

Presiding Judge Wayne County Court. 

Met pursuant to adjournment, Monday, December 5, 1859, at 8£ 
o’clock, a. m. 

Also the deposition of L. P. Baker, taken at same place, on Decem¬ 
ber 5, in same cause, being of lawful age, and first sworn, says: 

Question by Anderson’s agent and attorney. Have you ever talked 
with A. K. Russell in reference to the intention of stay in Monticello ; 
if so, when and what did he say ? 

Answer. I had a conversation with said Russell in last May or 
June, in which he told me he had come here for the purpose of read¬ 
ing law. 

By same. Had you ever any other talk with him in reference to 
same subject; if so, state what was said? 

Answer. I never had any other conversation with him on that sub¬ 
ject. I will state, however, I met with him about two or three weeks 
before the election ; he had just returned from Pleasant Grove, in this 
county ; he had been disappointed in getting a school in this county, 
and was complaining very much of James Jones about the matter, 
and said he was going to make one other effort to get a school, and if 
he did not succeed he was going to leave the damned county. He 
stated that it was not his intention when he came to this county to 
teach school, but concluded to do so after he came here. 

By same. Did he or not go to Columbia a week or two before the 
•election ? 

Answer. I can’t say where he went; he went off somewhere before 
the election ; I don’t recollect how long he was gone. 

By same. Has he not left the county? When did he leave? 

Answer. My recollection is, he left here about ten days after the 
•election ; I think he was here since a few days—may have been here 
twice. He is now gone. 

By same. Are you not deputy sheriff of this county ? Do you or 
not know all the voters in district No. 1 ? Was there but one A. K. 
Russell who voted at said district? Was there but one G. W- St. 
John in this district at the la9t August election ? 

Answer. I am deputy sheriff of this county. I can’t say I know 
all the voters in said district. Don’t know but one A. K. Russell 
who was in said district, which is the one I have mentioned. There 
was but one George W. St. John here at the last election that I ever 
saw or heard of. 

By same. Is not the votes of A. K. Russell, G. W. St. John, and 
E. F. Waldon recorded on the poll-book of district No. 1 of this 
county for the last election? For whom did they vote in the congres¬ 
sional election ? 

Answer. The votes of G. W. St. John, A. Iv. Russell, and E. F. 
Waldon are recorded on said poll-book. They are recorded for J. S. 
€hrisman for Congress. 


310 


KENTUCKY CONTESTED ELECTION. 


By same. State what you heard J. S. Chrisman state with reference 
to amended certificates being sent before the State board ; state when 
he said it. 

Answer. On Sunday evening after the late election, according to 
my recollection, Chrisman received some news from Green county 
which he thought elected him ; Chrisman said he had heat them. 
Some person asked him what he was going to do with the amended 
certificate from Boyle county. He said it was too late ; that it was a 
know-nothing trick ; that they had examined the books, and if there 
was any mistake they had done it themselves, and that it was too late 
to rectify it; that they could not cheat him out of his election in that 
manner. This is my recollection of the remarks made by Chrisman 
upon that subject. 


Cross-examined. 

Where does the said A. K. Russell’s mother live ? 

Answer. She lives with Dr. Clemens, in Monticello, Wayne county 7 
Kentucky. 

By same. How long has she lived here ? 

Answer. About the last of January, 1859. 

By same. Did she or not settle here with such of her children as- 
were not grown up and left, and has been living here with her family 
ever since. 

Answer. Dr. Clemens, of this place, married the said Mrs. Russell’s 
daughter, and brought her home here; and soon thereafter Mrs. Rus¬ 
sell and the said A. K. Russell, her son, came over and lived, is my 
understanding, with the said Dr. Clemens. 

By same. Did or not Mrs. Russell bring her property with her, 
including a family of negroes, and has kept all here ever since ? 

Answer. She did bring with her some negroes, and perhaps other 
property, which have been with her ever since. I don’t know of any 
other property. 

By same. Did or not the said A. K. Russell make his home with 
his mother during his stay in Wayne county? 

Answer. My understanding was, that he and his mother were both 
living at the said Dr. Clemens’. 

By same. What age was A. K. Russell, and was he single or mar¬ 
ried? 

Answer. He was a single man, and may be twenty-three or twenty- 
four years old from his looks. 

By same. Do you know anything of his bringing property here¬ 
with him or taking any away? 

Answer. No, sir, I do not. 

By same. Look on the last page of the poll-hook of Mill Spring pre¬ 
cinct No. 6, and also on the-page of the poll-hook for precinct 

No. 3, and state whether either of those pages are signed by the 
respective clerks of the election in August last at said precincts ? 

Answer. I have examined the last page of the poll-book for precinct 
No. 6 at the last August election, and find the last page thereof not 
signed by the clerk of the last August election ; there is recorded on 


KENTUCKY CONTESTED ELECTION. 


311 


said page five votes for Chrisraan and four for Anderson. Also I find 
one page of the poll-book of district No. 3 for the last August elec¬ 
tion not signed by the clerk thereof; on this last page there is 
recorded for Anderson sixteen votes, and for Chrismau eight votes. 

By same. How and when did you first learn that a mistake was 
made against Anderson in the certificate of the county hoard of ex¬ 
aminers for Boyle county, and that an amended certificate would be 
made and forwarded by the said board correcting the mistake? 

Answer. The first that I heard about it was on Wednesday or 
Thursday week after the election, I think. 

By same. Hid or did not Mr. Chrisman leave here on Tuesday 
week next after the election ? 

Answer. He left here not long after the election. I expect it was 
on Tuesday week next after the election. 

By Anderson’s attorney. You have given a statement of Major 
Chrisman’s in regard to the Boyle amended certificate; state now 
whether it was not the Adair certificate that he spoke of. 

Answer. My impression is, that Baker’s vote, which is reported as 
having been counted improperly for Chrismau in the Adair county 
certificate was spoken of. Also, I think the Boyle amendment was 
spoken of. Mr. Chrisman’s remark applied to both amendments ; at 
least that is my recollection. 

By same. Do you know Jesse Cox, who gave a deposition in this 
contest at J. S. Chrisman’s instance ? 

Answer. I know the man. 

By same. What capacity has he, if any ? 

Answer. I don’t know much about him. From my knowledge of 
the man, I regard him as a man of not much mind. 

By same. You will state whether or not the page of the Edwards 
district, No. 3, which is not signed by the clerk, and which gave 
Anderson sixteen votes, and Chrisman eight, is or not attached to 
the book, and in the handwriting of Jabez Edwards, the clerk of said 
election ? 

Answer. I was present at that precinct and saw a great many votes 
taken. I know Jabez Edwards’ handwriting, who was the clerk of 
the election at said precinct, and I say that the page described in the 
question is in his handwriting. Said page is in the body of said poll- 
book, and all fastened together, with the certificate of officers of said 
elections appended to the back of the book. And the same is true in 
regard to the Mill Spring poll-book for precinct No. 6, or that page 
of it is which is not signed. 

Re-examined by Chrisman s attorney. 

Which did you hear of first, the mistake in the Boyle certificate, or 
the mistake in the Cumberland certificate? 

Answer. The Boyle certificate first, I think; near a week first. 

By same. Did you hear of the mistake in the Cumberland certifi¬ 
cate before Chrisman’s return after he left here on Tuesday week next 
after the election, as you have stated ? 

Answer. My recollection is, I did. 


312 


KENTUCKY CONTESTED ELECTION. 


By same. Do you or not know five hundred men in Wayne county, 
Kentucky, whose minds you think are as weak as Jesse Cox’s? 

Answer. I don’t think there are many. 

By same. Have you had any business transactions with him ? 

Answer. No ; I never had anything to do with him, except I was 
after him for his taxes. 

By same. Did you hear him give a deposition in this case ? 

Answer. I heard nothing of it that I understood. 

By same. Did you or not hear Mr. W. C. Anderson declare on the 
stump, in the late canvas, in substance, that if he were elected to Con¬ 
gress he would vote for a democrat for President against a black re¬ 
publican, in the event the election of President devolved on Congress ? 

Answer. I don’t think I ever did. 

L. P. BAKER. 

Also deposition of Nancy Massengill, same time and place : 

Question by Anderson’s attorney. Are you or not the mother of 
William Massengill ? 

Answer. I am. His name is William Monroe Massengill. 

By same. Do you know his age ? and if so, tell it. 

Answer. To the best of my recollection, he was twenty-two years of 
age last Thursday, (1st day of December, 1859.) The record of my 
children’s ages has been lost. The only way I have to come at his 
age is by counting back by the ages of my other children. 

By same. What is the age of your youngest child? 

Answer. It is dead. If living, it would be about seven years old. 
I can’t give the month. I laid six months confined after its birth. 

By same. How many children have you? 

Answer. I have given birth to thirteen ; seven living and six dead. 

By same. How many children born before William Monroe? 

Answer. Two ; that is, he is the third one. 

State the time between the birth of your children. 

Answer. In general near two years ; this is my recollection. 

By same. Did not said William Massengill live in Wayne county, 
on South Fork, at the date of the election in 1859 ? 

Answer. Yes, sir. 


Cross-examined. 

Is your husband living or dead ? 

Answer. He is dead. 

By same. In what year, month, and day did he die ? 

Answer. He will have been dead three years the 25th day of 
January next. 

By same. In what year and month were you married to him ? 
Answer. I can’t tell you how long it has been. 

By same. What was the name of your eldest child ? 

Answer. Delany. 

In what month, year, and day was she born ? 

Answer. The 6th day of July ; I can’t tell the year. 


KENTUCKY CONTESTED ELECTION. 


313 


By same. What is the name of your next child ? 

Answer. My two oldest children are dead ; they were named Sarah 
and Elizabeth ; the said Delany is the oldest living child. 

By same. Which was born first, Sarah or Elizabeth ? 

Answer. Sarah. 

By same. In what date was she born ? 

Answer. The first of June ; I can’t tell the year. 

By same. In what date was Elizabeth born ? 

Answer. The first day of March ; I don’t know the year. 

By same. What was the name of your next child to Delany ? 

Answer. Matthew. 

By same. When was he born ? 

Answer. The third day of October ; I don’t know the year. 

By same. What is the name of your next child ? 

Answer. Monroe, or William Monroe. 

By same. What is the name of your next child ? 

Answer. Polly. 

By same. When was Polly born ? 

Answer. The third day of May ; I don’t know the year. 

By same. What is the name of your next child to Polly? 

Answer. Louisa; she was born in June, sometime about the mid¬ 
dle ; I don’t know the year. 

By same. What is the name of your next child to Louisa? 

Answer. Serepta Susanna ; she was born sometime along in Janu¬ 
ary ; I don’t know the year. 

By same. What is the name of your next child, and when was it 
born ? 

Answer. Nancy ; she was born the 11th day of February ; I don’t 
know the year. 

By same. What is the name of your next child, anl when was it 
born—next to Nancy? 

Answer. John ; I don’t remember when he was born. 

By same. Give the name of your next child, and of each successive 
child, and the date of each one’s birth, as well as you remember. 

Answer. Next to John is Dempsey; I don’t know the month 
Dempsey was born, nor the year. Those who died, including John 
and Dempsey, who died from the breast, I did not pay so much atten¬ 
tion to them. My next was named Franky Ann ; she was my last 
living child ; she was born the last day of January ; I don’t know 
the year. My next and last child was named Adam ; he is dead ; he 
was born the first day of December ; I don’t know the year. 

By same. When was William Monroe Massengill born ? 

Answer. The first day of December ; I don’t know the year. 

By same. On what place did you live when he was born ? 

Answer. We lived in Morgan county, Tennessee, when he was 
born. 

By same. How long did you continue to live on the place where 
your son Monroe was born after his birth, and give all your successive 
moves from that time to this, and how long you remained at each 
place. 

Answer. I moved from the upper part of Missouri to Morgan 


314 


KENTUCKY CONTESTED ELECTION. 


county, Tennessee, when I had only one child. I then remained 
there on the same place that my son William Monroe was horn until 
all my children were born. I then moved to Kentucky, going on three 
years ago, to the place where I now live. 

By same. How do you calculate the age of your youngest child, or 
the last one, which is dead? 

Answer. On account of my husband being dead, and the time he 
died. 

By same. What time did he die, and when did the last child ? 

Answer, It lived five months and three weeks after its birth; I 
don’t know when it was born. 

By same. How long before your husband’s death did the last child 
die? 

Answer. The child died about three years before my husband died. 

By same. Have you or not been told that if your son voted before 
he was twenty-one years old that he would be indicted and punished 
for it ? 

Answer. No person ever told me that my son would be prosecuted 
if he was under twenty-one at the time of voting. 

By same. Have you or not known, and now know, that it is a viola¬ 
tion of law for a young man to vote before his majority ? 

Answer. That’s what I have heard folks say. 

By Anderson’s attorney. You have said that William Monroe was 
your third child ; do you mean the third living child or the third 
counting living and dead? 

Answer. I meant that he was the third living child. 

her 

NANCY x MASSENGILL. 

mark. 


Also the deposition of Polly Hughes : 

By Anderson’s attorney. Do you or not know John Hughes, who 
now lives at J. W. Marron’s? 

Answer. John Hughes is my son. The last of July was a year 
ago he was living at John W. Marron’s, in Clinton county ; he lives 
there yet, so far as I know. 

By same. Do you know his age ; if so, give it. When was he 
born ? 

Answer. He was born the 10th of September, 1838 ; he is going on 
twenty-two years of age since the 10th of September last; he was 
twenty-one years of age on the 10th of September last. 

By same. Did you keep a record of his age ? 

Answer. His age was set down in my husband’s nephew’s book ; 
the book was taken off by said nephew when he left this country— 
having married before he left. 

Cross - examined . 

How many children have you ? 

Answer. I have had seven. 

By same. Give the particular dates in which each was born, com¬ 
mencing with the first, and proceed as they were born successively ? 


KENTUCKY CONTESTED ELECTION. 


315 


Answer. My first was born the 7th day of November, 1835. My 
next, John Allen, w-as born September 10, 1838 ; John was two years 
and from the 10th of September until the 17th of June older than my 
next, Delila Ann Elizabeth; Delila was two years and from the 17th 
of June till the 26th of November older than Nancy Jane, my next 
child ; Nancy Jane was two years and from the 26th of November 
until the 10th of June older than Maritta Ellen, my next child ; 
Maritta lacked from the 16th of May until the 10th of June of being 
two. years older than William James, my next child. My next is 
Elvira Narcissa. William was two years and from the 16th of May 
until the 14th of June older than Elvira Narcissa, which is my last 
child. 

By same. In what years were each of your children born, if you 
know ? 

Answer. Say yourself. If I was out to myself, and had time to 
count myself, I could tell the day and date every one was born in. 
You have the times they were born, one after the other, before you. 

By same. What enables you to remember so readily that John was 
born in the year 1838 and Calvin in 1835, and why can you not 
remember with equal readiness the years in which the others were 
born ? 

Answer. Because the rest of their ages were not set down. 

By same. In giving 1838 as the year in which John was born, is it 
merely your memory of the Bible record of his age about which you 
have spoken ? 

Answer. That’s the way the young man set it down. He, John, 
was four or five years old when his birth was set down ; the young- 
man told me that he had counted up his age from what I told him, 
and said he was born in 1838. 

By same. Could you read the register ? 

Answer. I have no learning, and could not read the register. 

By same. How long since the young man set down his age? 

Answer. I can’t tell you that; it’s been several years back. 

By same. Who consulted you about his age, and how did they 
discover what you know on the subject? 

Answer. James Hicks is the only one until I was summoned. 

By same. Do you or not know that it is a violation of law for a 
young man to vote under twenty-one ? 

Answer. I’ve always heard that said. Witness says she lives in 
Wayne county, on the waters of Otter creek. 

her 

POLLY + HUGHES. 

mark. 


Also the deposition of John Sloan, sr.: 

By Anderson’s attorney. Are you or not acquainted with John 
Sloan, jr. ? 

Answer. I am, monstrous well; he is my nephew. 

By same. Where did his father live before the late August election? 
Answer. He lived in Clinton county, Kentucky. 


316 


KENTUCKY CONTESTED ELECTION. 


By same. Did not said John Sloan, jr., go with his father to Clin¬ 
ton when he moved there? 

Answer. No, sir. 

By same. Where did John Sloan, jr., live at the late August elec¬ 
tion ? Tell all you know of his residence, and what he told you, if 
anything. 

Answer. John Sloan, jr., my nephew, was making a crop this sum¬ 
mer at Riley Hicks’, in this (Wayne) county, Edwards’ precinct. He 
quit there about three weeks before election, and went down to his 
father’s, in Clinton county, Kentucky. He got one of his brothers to 
come up and work a week and lay by his corn. I saw John no more 
until Friday week before the election ; he came and staid all night 
with me that night. I asked him if he had quit Hicks. He said he 
had. I told him he had lost his vote. He said he would slip in and 
vote; that witness voted at a different precinct, and could not he at 
Edwards’ to prevent him (John) from voting. 

By same. Did he or not tell you that he was at that time living at 
his father’s, in Clinton county ? 

Answer. He said that he lived at his daddy’s at that time. 

By same. Did he or not tell you that all his clothes were at his 
father’s, except one coat, and did he or not tell you that he was going 
that morning by Hicks’ to get the coat and go home to his father’s ? 

Answer. He said his brother had taken his clothes to his father’s, 
except one coat, and that he was going the next morning by Hicks’ 
to get that coat, and quit Wayne and go to his father’s. 

By same. Did he or not go on to Clinton and remain there, and 
does he or not still live in Clinton? Has he or not lived in Wayne 
since the night he staid at your house ? 

Answer. He went on to Clinton, and has remained at his father’s 
-ever since, as far as I know. He has not lived in Wayne county since 
the night he staid all night with me. He came hack this fall and 
gathered his corn, and then went back to his father’s, at least he has 
so told me. It may be he may have spent part of his time at his bro¬ 
ther’s, who lives in Clinton; at least that is what I have understood. 

Cross-examined. 

What time did the said John Sloan, jr., set in to make a crop at 
Hicks’ ? 

Answer. I can’t tell you. 

By same. Can’t you remember the month and year? 

Answer. No, sir ; I never took any notice of the month nor year, 
nor anything about it; you know better yourself. 

By same. What voting precinct does the said Hicks live in? 

Answer. In Edwards’ precinct, No. 3. 

By same. Where did said John Sloan’s father live before he moved 
to Clinton county ? 

Answer. In Wayne, Mullintown district, No. 2. 

By same. Did John go to Hicks’ before or after his father moved 
to Clinton county? 

Answer. He went to Hicks’ before his father moved to Clinton. 


KENTUCKY CONTESTED ELECTION. 


317 


By same. How many times were you at Hicks’ and saw John there 
after he went there to live ? 

Answer. I cannot tell you ; I was there ; I saw him there. 

By same. State the last time you saw him there. 

Answer. I can’t tell you ; I saw him in the cornfield at work time 
after time last summer. 

By same. Were you ever at his father's, in Clinton county? 

Answer. Yes, sir ; twice. 

By same. When were these trips made? 

Answer. One before and one since the election ; I won’t say point- 
blank ; one was made since, I know. 

By same. Where did John Sloan keep his washing when he lived 
at Hicks’ ? 

Answer. Kept it there, I expect; I don’t know; I guess he did. 

By same. Do you know when he left Hicks ? 

Answer. No, sir, I don’t; I know he left there two or three weeks 
before the election. 

By same. How do you know this ? 

Answer. He came up to my house on Friday week before the elec¬ 
tion and staid all night with me. I joked him about the election, 
and the way he was going to vote. I told him he left Wayne to go to 
his father’s, and that he should not vote. He laughed, and said he 
would dodge in and vote ; that I would not be at the same precinct; 
and I told him if he did, it should not count. 

By same. You and he were rather joking together and disputing 
about politics, were you not? 

Answer. Yes, I did joke him that night and that morning. 

By same. Did he or not laugh and joke you also about the matter? 

Answer. Yes, some ; he can’t laugh very much ; he laughed sort of 
dead ; he did not know hardly what to say. 

By same. In what season of the year did his father move to Clinton? 

Answer. I can’t tell you that. 

By same. In what month of the year did the last election come ? 

Answer. I would guess it came on the first Monday in August. 

By same. Was there any other election in this year except the Au¬ 
gust election ? 

Answer. I guess not. 

By same. When was the last election in Wayne county before the 
last August election ? 

Answer. You are too hard for me now. 

By same. What State do you live in? 

Answer. Wayne. 

By same. What month is this ? 

Answer. It’s December. 

By same. Is this or not Wayne county? 

Answer. It is. 

By same. Is this Tennessee or Kentucky State ? 

Answer. Kentucky. 

By same. When you said this was Wayne State, did 
mean it was Wayne county ? 

his 

JOHN + 

mark. 


you or not 

'— 33 

SLOAN. 


318 


KENTUCKY CONTESTED ELECTION. 


Also the deposition of Thomas Lair, taken at the same time and 
place: 

By Mr. Anderson’s attorney. State whether or not you know Wil¬ 
liams Boston ; if so, tell all you know of his residence before the late 
August election. 

Answer. I know Williams Boston ; he was living at my house, 
hired to make a crop this summer ; he remained until about the last 
of June or first of July, when he left and was gone some three weeks; 
when he returned I saw him on the mountain, above Sally Boston’s, 
near Monticello ; the next place I saw him was in my field in the 
road ; this was some two months, perhaps not so long, before the 
election. 

By same. Did you or not have a family difficulty with him on his 
return? If so, tell how it was settled. 

Answer. We had previously had a family difficulty ; he sent me 
word that he wanted to see me, and did not want to leave me mad at 
him ; I agreed that he might come to the field where I was at work 
and see me; he did so, and agreed that if I would let him alone he 
would go off and not pester me ; in pursuance of said agreement, he 
started off. 

By same. Did he or not take all of his clothes and other articles be¬ 
longing to him when he left? 

Answer. On that occasion he took off all of his things that I knew 
anything of. 

By same. Did he or not agree to leave the country ? 

Answer. He said he would go clear off, or go off and leave the 
neighborhood. 

By same. Did he or not, in a conversation with you, tell you that 
he was going to Nashville or Clinton county to live? 

Answer. No, sir ; I don’t think he did. 

By same. Did he or not go to Clinton county when he left you at the 
field ; if so, how long did he remain, and where is he now ? 

Answer. I know nothing of my own knowledge what became of 
him ; I don’t know where he is now. 

By same. After he left you at the field, have you seen him since ? 

Answer. Yes, sir ; I saw him some two or three times at Genama 
Young’s, in Wayne county, about four or five or six or eight days 
before the election. 

By same. When he agreed to go off and leave you, did he or not 
claim the privilege of writing to you ? 

Answer. He did. 

By same. Have you seen him in this county since the election ? 

Answer. I think I have, but won’t be positive. 

By same. Does he now live in this county? 

Answer. I don’t know where he lives ; I don’t know anything 
about him. 

By same. Had he any other home in Wayne county than your house 
when he left your house ? 

Answer. No, sir ; not that I know of. 


KENTUCKY CONTESTED ELECTION. 


319 


Cross-examined. 

When he talked with you last at your new ground, did he have any 
clothes with him except what he was wearing ? 

Answer. I don't kuow that he had. 

By same. How do you know, then, that he took his clothes off with 
him ? 

Answer. Some three weeks, or near it, prior to the time I talked 
with him at my new ground he had removed his clothes from my 
house. 

By same. Do you know where he took them to? 

Answer. I do not. 

By same. Do you know of your own knowledge that he has ever 
been outside of Wayne county? 

Answer. No, sir, I don't. 

By same. Have you ever received a letter from him? 

Answer. No, sir. 

By same. At the time he talked with you at your new ground and 
promised to go off and leave the neighborhood, and requested permis¬ 
sion to write to you, was he or not trying to reconcile you on account 
of a serious injury which he had inflicted on some of your family ; 
and for that purpose was he or not rather begging your pardon and 
pacification ? 

Answer. He had inflicted a wrong on my family, and was trying to 
pacify and beg me for reconciliation on account of that injury. 

By same. Are you not satisfied that he had failed to stand up to the 
agreement he made with you ? 

Answer. He did fail to stand up to the agreement he made with me. 

By Anderson’s attorney. Is or not the name of William Boston 
recorded upon the poll-book of the town precinct of Wayne county ; 
if so, for whom did he vote for Congress ? 

Answer. I have just examined the poll-book of the town precinct 
of Wayne county for the August election, 1859, and find the name of 
William Boston recorded there for J. S. Chrisman for Congress. 

By same. Are you or not acquainted with the Boston family ; if so, 
is there any other William Boston who has lived in Wayne county 
other than the one of whom you have spoken ? 

Answer. I am acquainted with said family. I married one of them, 
and know of no other William or Williams Boston than the one 
spoken of. 

his 

THOMAS + H. LAIR. 

mark. 


Also deposition of William B. Lair: 

By Anderson’s attorney. State whether or not you w^ere presented 
heard a conversation between Williams Boston and Thomas Lair a 
short time before the late August election in relation to said Boston's 
leaving the country ? 

Answer. I was present at the time mentioned, and heard such a con¬ 
versation. 


320 


KENTUCKY CONTESTED ELECTION. 


By same. Did or not said Boston in that conversation agree to leave 
the country, and ask permission to write back that he might hear from 
Wayne ? 

Answer. That was my understanding that he was to leave the 
country, and asked leave to write hack. 

By same. Did he or not leave, and was he or not gone some time ? 

Answer. He started then that morning right off, and I never saw 
him any more until Sunday, two weeks before the election in August, 
1859. 

By same. Did he or not tell you after his return that he had all his 
clothing at his sister’s, in Clinton county ? 

Answer. He said his clothes were at his sister’s, in Clinton county. 

By same. Where is he now ? 

Answer. I don’t know. 

By same. Have you seen him in this country for some time ? 

Answer. I have not seen him for about two months. 

Cross-examined, 

What time was it, as well as you remember, when he agreed and 
started off as you have stated ? 

Answer. It was about the last of June or first of July, as well as 
I recollect. 

By same. Was he or not on the begging order for the purpose of 
reconciling Mr. Thomas H. Lair for an injury which he had inflicted 
on his family ? 

Answer. That was my understanding from him, that he wanted to 
get Thomas H. Lair in a good humor with him. 

By same. Had the said Williams Boston anything at that time 
except his clothing ? 

Answer. Not that I know of. 

WILLIAM B. LAIR. 

Also the deposition of Marion Perdue, taken by consent of both 
parties : 

By Anderson’s attorney. Did or not John Sloan, jr., come to your 
house in June last ? If so, tell all he said about where he lived and 
where he was going to live. 

Answer. John Sloan, jr., came to my house one morning in June. 
I asked him how he was coming on with his corn. He said he would 
be through with the Hicks’ in four or five weeks, and that he would 
then go home. I asked him what home ; he said his father’s. 

By same. Do you know when he went home to his father’s ? 

Answer. He went home, I think, the first week in July to his 
father’s ? 

By same. Has he or not been living there ever since ? 

Answer. He has been there, or somewhere, ever since ; out of the 
county ever since, only when he would pass up to this county back¬ 
wards and forwards. 

By same. Did he or not tell you as he was passing up to this county 
that he was living at his father’s, in Clinton county ? 


KENTUCKY CONTESTED ELECTION. 321 

Answer. He said he was living at his father’s when I saw him 
passing up in Wayne. 

By same. Does not his father live in Clinton ; if so, how long ? 

Answer. His father lives in Clinton ; has lived there ever since 
last February or March. 

By same. Is or not the name of John Sloan, jr., recorded upon the 
poll-hook of the Edwards precinct of Wayne county for the August 
election, 1859? 

Answer. I have just examined the poll book for the August elec¬ 
tion, 1859, held at Edwards precinct, Wayne county, and I find the 
name of John Sloan, jr., recorded there as voting for James S. Chris- 
man for Congress. 

By same. Are you not acquainted with the Sloan family ; if so, do 
you know of any John Sloan, jr., orsr., that lived in the Edwards 
precinct in August, 1859 ? 

Answer. I am acquainted with the Sloan family, and know of no 
John Sloan, jr., or sr., that lived in the Edwards’ precint of Wayne 
county last August. 


Cross- examined . 

Where did you live in June last when you heard John Sloan say he 
would be done with the Hicks’ in five or six weeks ? 

Answer. I lived in Wayne county, about three-quarters of a mile 
from Riley Hicks’, where John Sloan made his crop. 

By same. Do you still live at the same place ? 

Answer. Yes, sir. 

By same. Have you ever been at John Sloan’s father’s, in Clinton 
county ? 

Answer. Yes, sir ; I have been there twice since he moved there. 

By same. Was John Sloan, jr., there, at either of those times? 

Answer. One time I went there with him, and the other time he 
came in while I was there, having been somewhere to haul in a load 
of wheat. 

By same. Do you know, of your own knowledge, when he took 
his clothes from Riley Hicks’, in Wayne ? 

Answer. No, sir ; I don’t. 

By same. Whom did you vote for in the last race for Congress ? 

MARION PERDUE. 

Also the deposition of Jahez Edwards, taken at the same time and 
place : 

By Anderson’s attorney. Have you or not just examined the poll- 
hook for the Edwards precinct. No. 3, for Wayne county ? If so, state 
whether or not a page in the same was or not signed by you as clerk 
of said election ; if not, state whether or not you can identify it as 
part of the poll-book of said election as made out by you as clerk of 
the election. 

Answer. I have just examined the poll-hook for the Edwards or 
third precinct of Wayne county, made at the August election, 1859, 
H. Mis. Doc. 11-21 


322 


KENTUCKY CONTESTED ELECTION. 


and find one page not signed by me as clerk thereof. Said page gives 
Anderson sixteen votes and Chrisman eight. I state that I was the 
clerk of said election, and know said page to he all in my handwriting. 
'.Said page is in the body of said hook, and all fastened together, and 
the whole hook certified by the judges and sheriff of said election, and 
"by me as Clerk. I state that said page was a part of said poll-book, and 
the votes there recorded were recorded by me as clerk on the day of 
the election, August 1, 1859, and was taken at the same time and 
place that the balance of the votes were recorded upon said book. 

By same. Did or not John Sloan, jr., vote at said precinct on that 
-day, and is or not his vote recorded for J. S. Chrisman ? 

Answer. John Sloan, jr., voted that day, and his vote is recorded 
in the said hook. I have it now before me. His name is recorded for 
J. S. Chrisman for Congress. 

By same. Is or not said John Sloan, jr., the son of James Sloan, 
of Clinton, and the nephew of John Sloan, sr., who gave his deposi¬ 
tion to-day ? 

Answer. He is recognized by the Sloan family as the son of James 
Sloan, of Clinton ; also nephew of John Sloan, sr., mentioned in the 
question. 

By same. Did or not Wm. Rule, Emerson Hancock, and C. F. 
Kidd vote at said August election in the third precinct of Wayne 
county ; if so, for whom did they vote ? 

Answer. Emerson Hancock, C. F. Kidd, and William Rule did 
vote at said precinct at the late August election, and I find upon 
inspection of the poll-book now before me, that their names are all 
recorded as voting for J. S. Chrisman for Congress. 

By same. Who is the father of said Emerson Hancock ? 

Answer. Thomas Hancock, at least Thomas Hancock recognizes him 
as his son. 

By same. Who is the father of Wm. Rule of whom you have 
spoken ? 

Answer. James Rule. 

By same. Did or not the C. F. Kidd, of whom you have spoken, 
sell goods for a while at the Powers place, and then go to California? 

Answer. He did sell goods at the Powers place, and went to Cali¬ 
fornia, last spring was a year ago, and came hack sometime last 
month. 

By same. Was or not James S. Low, who voted at the Edwards 
precinct at the late August election for W. C. Anderson, sworn before 
voting ; if so, give his statements as far as recollected ? 

Answer. Said James S. Low was sworn before voting ; he stated 
on his oath that the date of his birth was recorded, and that by said 
record he was over twenty-one at the time he voted. 

By same. Was or not the poll-hook of the Edwards precinct sealed 
by you before you delivered it to the sheriff of the election ? 

Answer. Yes, sir ; it was sealed up and handed over in the presence 
of the judges to the sheriff of said election. 


KENTUCKY CONTESTED ELECTION. 


323 


Cross-examined . 

By same. Did or not C. F. Kidd, of whom you have spoken, when 
he left here leave his family here in Wayne county, and afterwards 
return to them ? 

Answer. Yes, sir ; he left his family here, hut before he got hack 
they had gone over in Tennessee. 

By same. How long was it before he did get back? 

Answer. I can’t tell you, he went off sometime in the spring, a 
year ago last spring, and returned sometime the following winter. 

By same. Was or not James S. Lowe absent from Wayne county 
prior to the last August election ; if so, how long, and where was he, 
if you know ? 

Answer. I don’t know of his being out of the State unless on a 
visit, or some business. 

By same. State all you know about the residence and whereabout 
of David Lowe for the last two years? 

Answer. He went off some time ago, and was gone some year or 
two out of this State, I reckon ; he returned in July last, a year ago, 
and has been living in Wayne county ever since, as far as I know ; 
he lived a good part of the time with me ; made a crop with me this 
season in the Edwards precinct, No. 3. 

By same. Do you know of any person not legally qualified, who 
voted for Anderson in the last race for Congress in this fourth district 
for Kentucky. 

Answer. No, sir ; I don’t. 

JABEZ EDWARDS. 

Also the deposition of John Fenston, at same time and place, being 
duly sworn : 

Question by Anderson’s attorney. Did you or not vote in the late 
August election for W. C. Anderson, at district No. 2, in this 
county ? 

Answer. I did. 

By same. State in which district you resided at the time of said 
election ; state all about the circumstances of your making a crop in 
district No. 3 last summer? 

Answer. I considered that I resided in the district I voted in ; I 
went down in district No. 3 in the winter or latter part of the fall, 
and rented ground of Coyle, and intended to move there ; my wife was 
then sick and remained so, and crop time came on and I went to tend 
my crop, and boarded with Coyle meantime ; my wife remained at 
same place in district No. 2, the same in which I voted, and never did 
leave the same, and I now live with my family at same place. 

By same. Did you or not live with your wife in district No. 2 at 
the time you rented land as aforesaid, and did you ever move out of 
said district ? 

Answer. My wife and I lived in district No. 2 at the time I rented 
said land ; after I went to district No. 3 I hired my cooking done, and 
a part of my washing done there ; my wife was not able to do it; I 


324 


KENTUCKY CONTESTED ELECTION. 


considered my home in district No. 2, with my wife, during the last 
summer. 

By same. Would you or not return every week or two to your home 
and your wife, and did you not continue to regard her as your wife, 
and treat her as such, and was you ever at any time parted from her? 

Answer. I would return there every week or two weeks, did not 
miss but once or twice going every week, sometimes twice a week ; 
I regard her as my wife, and treated her as such, and slept with her 
when I would return, and yet do; I never separated from my wife 
with the intention to abandon her at any time; have been married 
twenty-two years or thereabouts. 

By same. Did you or not go to district No. 2 only temporarily to 
make a crop ? 

Answer. When I first rented the ground I intended to move there, 
hut did not do so ; I went there in the spring for the purpose of ma¬ 
king a crop only. 

By same. State how it happened that you voted in district No. 3 at 
the May election ? 

Answer. A few days before the May election came on, Squire Bur¬ 
rows, who was a candidate for justice of peace, came to me and asked 
if I would go to the election and vote for him. I told him I was very 
busy, and did not think I would go ; that I did not consider that my 
district; I told him I had not moved there, and did not know that I 
should do so unless my wife got well. Burrows then told me that he 
had been examining the law, and that as I had rented ground there 
and was making a crop,that it was my voting district, and then I went 
and voted for Burrows for justice of peace. They did not swear me. 

By same. Did you or not abandon the intention of moving to said 
district altogether, and long before the August election ? 

Answer. I did ; I never did move to said district. 

By same. State how it happens that you told French Fenston that 
you had parted with your wife ? 

Answer. French Fenston bought several debts on me, and I had 
some land which descended to me from my mother and sister, and 
French wanted the land for the debts, and I conditionally sold it to 
him sometime last spring. French having sold the land and Elias 
Kelly having bought it, wanted to know when I was going to move; 
I remarked to him I was making a crop at Coyle’s, and asked him if 
he had not heard that I had parted with my wife; he said not, and I 
told him he was behind the news. French Fenston also asked me 
when I was going to move, and I responded I did not know, and re¬ 
peated the same inquiries and made pretty much the same remarks to 
him. I made these remarks to French and Kelly just to aggravate 
them a little and to retain possession of the land ; my object was to 
make them believe that I had no control over my wife, and could not 
make her yield the possession of the land. I am yet in possession of 
the land and have been all the time, and intend to hold it until thrown 
out by law. I did not much like my brother buying up debts on me. 
These were my reasons for making the remarks. 

By same. During the last summer and before the election, when in 


KENTUCKY CONTESTED ELECTION. 325 

the neighborhood of your wife, did you ever fail to go and stay with 
her? 

Answer. I don’t know that I did, unless called away by something. 

By same. Did you or not have a part of your washing done at home, 
last summer? 

Answer. I did. 

By same. Would you or not have had all of your washing and sew¬ 
ing done at home if your wife had not been sick during the summer ? 

Answer. I would have done so but for the sickness of my wife. 

By same. Did you move all your property to district No. 3 ; if so, 
when ? 

Answer. I moved nothing but my farming tools and horse to make 
a crop with; I did move a bed to sleep on; I did not move all of my 
property to said district. 


Cross * examined . 

When you voted at the Edwards’ precinct, No. 3, at the May election 
last, did you think it was or was not your proper voting place ? 

Answer. I did not know whether it was or not ; the esquire had 
told me so, and I thought he knew. 

By Chrisman’s attorney. How far was it from the place at which 
you left your wife to the place where you raised your crop last sum¬ 
mer ? 

Answer. Its some six or seven miles. 

By same. What induced you to rent the land of Martin Coil? 

Answer. Because I wanted to, and he had it to rent. 

By same. Was there any tillable land on the place where you left 
your wife? 

Answer. Yes, sir; some there that could be tended. 

By same. Who tended it this year? 

Answer. There was not anybody tended the land where I now live 
and on which I left my wife when I made the crop as before stated. 

By same. The land that you now live on and have in possession, 
then, lay idle this present year, did it not? 

Answer. Yes, sir. 

By same. Whose possession was it in while you were making your 
•crop at Coil’s. ? 

Answer. It was in my possession, sir. 

By same. Why did you let your home land lie idle, and rent land 
some miles from your wife and family to crop on? 

Answer. I don’t know as that is any of your business. When 
my mother and sister died, my brother bought some debts on me. 
He wanted the land and I agreed to let him have it. My wife was 
sick and refused to leave there until she got well, and since that we 
both concluded to stay there ; he refused paying for it, and then we 
concluded to stay there, 

By same. Did you sell it to your brother, absolutely or conditionally, 
before you rented of Coil ; and if conditionally, what was the con¬ 
dition. 

Answer. I sold my land after I had rented of Coil. I sold it to 


326 


KENTUCKY CONTESTED ELECTION. 


him to pay up some notes he had bought on me which he was to give 
up at April court. He refused to give up the notes unless my wife 
would sign the deed, and she refused to sign it. 

By same. As you did not sell till after you had rented ; what made 
you rent land to tend when you at that time had unsold land in your 
possession at home ? 

Answer. Because I rented better land down there to tend. 

By same. Was your wife sick at the time you rented the land of 
Coil? 

Answer. Yes, sir. 

By same. What was the matter ; and was she bed-fast ? 

Answer. I don’t know what was the matter with her. She was 
mostly bed-fast. 

By same. How long did she remain bed-fast after you rented the 
land? 

Answer. She is bed-fast yet. 

By same. Is she in the same condition she was in when you rented 
the land? 

Answer. She is sick yet. I reckon she is ; she appears so. 

By same. Has she been in this condition ever since you rented? 

Answer. Yes, sir ; she is about the same now she has been all the 
time. 

By same. When you rented of Coil, you intended to move your 
wife and family to the rented land, did you not? 

Answer. If my wife got well enough to go, I did. 

By same. Who did you leave to wait on your wife while sick ? 

Answer. I left children there from thirteen years old down to six 
when L was not there myself. I was frequently there myself. 

By same. Was the oldest child male or female? 

Answer. Female. 

By same. Was the second male or female? 

Answer. It was male, about nine or ten years old. 

By same. Did you and your wife have any difficulty about the time 
you left and rented the land? 

Answer. No, sir. 

By same. Who cooked for you while farming at Coil’s? 

Answer. Martin Coil’s wife. 

By same. Did you not move part of your family to the Coil place ? 

Answer. I took an older boy about with me to help to make the 
crop. The boy I took with me is about twelve years old, and a 
different boy to the nine or ten year old boy I left at home. 

By same. What property did you leave with your wife after moving 
what you did move ? 

Answer. I left a milch cow and provisions for her to go on. 

By same. Did you or not go back into the immediate neighborhood 
where you left your wife and stay all night without going to see her? 

Answer. I think I went to old Billy Gibson’s, a mile or upwards 
from her, and staid one night. 

By same. Is this the only night you staid so close to her? 

Answer. Yes, sir ; it is. 


V 


KENTUCKY CONTESTED ELECTION. 327 

By same. Did you attempt to vote at the last August election in the 
Edwards’ precinct? 

Answer. No, sir. I did not. 

By same. Do you state that you never left the house where you and 
your wife now live, and told your wife at or before leaving her that 
you were going to leave her ? 

Answer. We might have had that talk just to aggravate French 
Fenston, or Henry HufFaker, or Elias Kelly ; hut we always under¬ 
stood each other, it was all a joke. 

By same. Was either of those men present when you thus talked? 

Answer. Some of them. 

By same. What strikers of them were present? 

Answer. Sometimes one and sometimes another. 

By same. Please give their names. 

Answer. I said it once in the presence of Cannon Sutherland, once 
before Charles Owen, and once before old Jo. Owen, because I wanted 
them to get hold of it. 

By same. Have you or not conveyed away the land you now live on 
by deed? 

Answer. I made a deed which is in the hands of Bowlin Roberts 
and Clark Roberts, and my wife refused to sign it, and my brother, 
F. Fenton, refused to give up the notes, and it stands so. 

By same. Was not your wife able to bear moving safely while you 
were at Coil’s, six or seven miles. 

Answer. She said not, and it did not appear that she was. 

By same. Was her health the only thing that prevented you from 
moving to the Coil place? 

Answer. It was when I first rented. 

By same. Then, if her health remained the same, why would you 
sell and thereby compel your wife to be removed ? 

Answer. I did not compel her to move ; we never did move ; she is 
there yet. 

By same. If the trade you made should be carried out she will have 
to move, won’t she? 

Answer. If she had signed the deed she would have had to he 
moved. 

By same. Did you not begin the trade with the intention of carry¬ 
ing it out ? 

Answer. If it had been carried out with me I would. 

By same. Who done what washing you had done at your place 
when your wife was left while you was at Coil’s Crossing ? 

Answer. Sometimes I hired one, sometimes another, and sometimes-, 
my daughter at home done some of it, and I told them to hire any¬ 
body, and I would pay for it. 

By same. Who done your washing at Coil’s? 

Answer. Mart. Coil’s wife. 

By same. When you first went to Coil’s was it done at Coil’s or at 
home ? 

Answer. At home. 

By same. Did you afterwards have it done at Coil’s ? 

Answer. Yes, sir. 


328 


KENTUCKY CONTESTED ELECTION. 


By same. Why did you move it from home to Coil’s ? 

Answer. Sometimes I would change my clothing at Coil’s, and Mrs. 
Coil said she would wash for me ; I had to hire it all done any how. 

By same. Whom did you vote for at the late August election for 
Congress ? 

Answer. For W. C. Anderson. 

his 

JOHN + FENSTON. 

mark. 

Also the deposition of John B. Ingram, taken at same time and 
place: 

By Anderson’s attorney. State whether or not you know George 
W. St. John, the brother-in-law of Ezekiel Smith? 

Answer. I do. 

By same. Did you or not see him in Georgia last May ; if so, what 
did he tell you about coming to Kentucky ? 

Answer. I saw him last May in Georgia ; I asked him when he was 
coming to Kentucky ; he said he was going home to his father’s in 
Virginia before he returned to Monticello. 

By same. Is there any other man of the name of Geo. W. St. John 
living in this town, district No. 1? 

Answer. None that I know, or ever heard of. 

By same. Is or not the name of George W. St. John recorded on 
the town precinct poll-book for Chrisman ? 

Answer. I have just looked at the poll-book of the town precinct of 
Wayne county for August election, 1859, and find the name of Geo. 
W. St. John recorded there for J. S. Chrisman for Congress. 

JOHN B. INGRAM. 

Also, the deposition of John M. Morris, taken at same time and 
place : 

By Anderson’s attorney. State whether or not you are acquainted 
with Cebron Crutchfield, jr., son of John Crutchfield? 

Answer. I am. 

By same. Did he or not leave this country some time ago and move 
to the west ; if so, tell when, and when he returned ? 

Answer. Cebron Crutchfield, jr., son of John, left this country some 
two years ago this last fall, and was gone about one year. 

By same. Did he or not go off a second time, and how long was he 
gone, where did he go, and when did he return ? 

Answer. He went off the last time, last spring was a year ago, and 
was gone until about the middle of November, 1858—that is a little 
more than a year ago—when he returned the second time. 

By same. Did you or not have a conversation with him after his 
return from his first trip ; and what did he tell you in regard to his 
home? 

Answer. I asked him how he liked Iowa, he said he liked it fine, 
and that he was going back there. 

By same. Did you or not have a conversation with him after his 
second return from Iowa ; if so, what did he say as to his living there ? 

Answer. After he came back the second time he said he had come 


KENTUCKY CONTESTED ELECTION. 


329 


Lack to get some learning, that he had bought land in Iowa and was 
going back to it, that he could do better there than he could here. 

By same. Is or not said Crutchfield a young man without property 
in this country ? 

Answer. He is a single and young man ; I live in a half mile of 
where he staid, at his father’s, and if he has any property I don’t 
know it. 

By same. Is or not the name of Cebron Crutchfield, jr., recorded on 
the poll-book of the Mill Spring district, Wayne county, as voting for 
Chrisman at the last August election ? 

Answer. I have the said poll-book of said election before me, and I 
find the name of Cebron Crutchfield, jr., recorded as voting for J. S. 
Chrisman for Congress. 

By same. Are you or not acquainted with the Crutchfield fam’ly ; 
if so, how many Cebron’s are there in said family ? 

Answer. I am acquainted with all the Crutchfield’s that live in 
Wayne county ; there are two of the name of Cebron, the one of which 
I have spoken and his grandfather, an old man. 

By same. Are not both their names recorded on the aforesaid poll- 
book as voting for James S. Chrisman for Congress? 

Answer. I have just examined said poll-book, and find both of their 
names recorded for James S. Chrisman for Congress. 

By Chrisman’s attorney. The second time said Crutchfield went 
from this country did he or not go off down the Cumberland river on 
a coal boat as hired ? 

Answer. Yes, sir ; he did. 

By same. Was he or not poor at the time he left, and destitute of 
money with which to buy land ? 

Answer. He was a poor boy ; he left one horse at his father’s when 
he went off the first time, he then returned, as I have stated, went off 
again, and still left his horse at his father’s, taking with him seme 
clothes, I expect all he had, and while out there in Iowa, the second 
and last time, he wrote back that he had sold his horse for land to his 
uncle, and since that his uncle has come to this country and got the 
proceeds of the sale of the horse. 

By same. When he left, both times, did he or not leave his father’s 
and return both times to his father’s and remain there each time till 
he left again as stated ? 

Answer. While in this county he always made his home at his 
father’s. 

By same. Has he or not been at school here a good deal since his 
last return from Iowa ? 

Answer. He has went one session ; then he taught a school in our 
school district; then w T as down about Monticello where he had been in 
Mr. Burton’s school one session, as I have stated, before he taught for 
us and went to Burton’s school again afterwards, as he told me, and 
then left and went to Georgia as a hireling with a drove of horses, 
and has not yet returned. 

By same. Has he or not divers relations in Iowa where he went? 

Answer. He has some uncles there. 


JOHN M. MORRIS. 


330 


KENTUCKY CONTESTED ELECTION. 


Also the deposition of Hatson T. Burk, taken at the same time and 
place: 

By Anderson’s attorney. Are you or not acquainted with J. Shep- 
perd? 

Answer. I am acquainted with J. J. Shepperd, commonly called 
Jef. Shepperd. 

By same. Tell where he lives, and the length of time he has lived 
at such place ? 

Answer. J. J. Shepperd lives in Whitley county and has been 
living there a little over twelve months. 

By same. Did he or not leave this county and go to Whitley about 
twelve months ago ? 

Answer* he did. 

By same. When he left here, Wayne county, did he or not take all 
his effects and clothing with him ? 

Answer. I don’t know. 

By same, Was he or not living at his father’s, in district No. 5, 
when he left here ? 

Answer. When J. J. Shepperd left here to go to Whitley county 
he was living at his father’s in the Sinking district, No. 5, of this, 
Wayne county. 

By same. Have you or not been in Whitley county, at the house of 
the said J. J. Shepperd since he settled there? 

Answer. I have been at his house, where he lives in Whitley 
county, three times since he settled there. 

By same. Did he or not claim to be the owner of the farm upon 
which he lives in Whitley county ? 

Answer. He calls it his farm. 

By same. Did he or not raise a crop on said farm this year, and 
wheat last year ? 

Answer. He had wheat there last year ; he said he had a place up 
in Scott county, Tennessee, which he had swapped to Pleasant Blevens 
for the Whitley farm, and that the wheat had been sown on the 
Whitley farm before he, Shepperd, had moved upon it. He raised a 
crop on the farm this year, so he told me. 

By same. Has or not said Shepperd been upon said farm ever since- 
he moved to it ? 

Answer. I can’t say that he has been there all the time, I have 
seen him in here frequently or several times ; when he was here he 
would speak of going home and attending to his things ; I have heard 
the boys urging him to stay longer when he was here, and he would 
say I must go home and attend to my things ; since he left here I 
have met with him oftener on the south fork in the 4tli precinct, than 
at this place. 

By same. Is or not the south fork nearer to his farm than this 
place ? 

Answer. It is. 

By same. Is or not said Shepperd fixed upon his house and prem¬ 
ises in Whitlej 7 like a man settled and at home ? 

Answer. I can’t say, because I don’t know what it takes to make a 
home; he has bedding, cooking utensils, provisions, and corn and 


KENTUCKY CONTESTED ELECTION. 


331 


fodder, and fixed up like a man at home in the mountains ; if not 
better fixed than the most of them, at least he keeps a better table 
than most of them in the mountains. 

By same. Is or not the country in which he lives a mountainous- 
country ? 

Answer. It is. 

By same. Has said J. J. Shepperd any property in this county? 

Answer. If he has I don’t know it. 

By same. Did or not J. J. Shepperd vote for J. S. Chrisman at the 
late August election ; if so, at what precinct did he vote? 

Answer. I have just examined the poll-book of precinct No. 1, 
Wayne county, for August election, 1859, and I find the name of J. 
J. Shepperd recorded on said poll-book for James S. Chrisman for 
Congress. 

Cross- examined . 

Were you for the said J. J. Shepperd when he ran for county sur¬ 
veyor of Wayne county, in the summer of 1859? 

Answer. I was for Dobs. 

Did or not the said Shepperd run a heated and excited race for 
county surveyor in Wayne county, Kentucky, in the year 1858? 

Answer. He run until a county court, sometime before the election,, 
and declined and left the track. 

By same. Did he or not live in Monticello, Wayne county, Kentucky? 

Answer. I could not state ; he staid out at his father’s the most 
of the time. 

By same. Examine the poll-book for the town precinct No. 1, Mon¬ 
ticello, Wayne county, Kentucky, and state whether his vote is not 
thereon recorded in the year 1858, August election ? 

Answer. It is so recorded. 

By same. Examine the commissioners’ book for Wayne county for 
the year 1859, this present year, and state whether you do not find 
his name and list thereon recorded ? 

Answer. I find on said commissioners’ book for Wayne county, 
Kentucky, 1859, that James J. Shepperd has listed for taxation in 
said county a poll only. 

By same. Do or not the commissioners comme ce taking in the list 
of taxable property on the tenth of January in each year, which, in 
this present year, was some time after J. J. Shepperd went to Whit¬ 
ley, agreeably to your statement? 

Answer. I am not posted as to the time they commence. 

By same. Has the said Shepperd any family? 

Answer. If he has I don’t know it. 

By same. Is or not James J. Shepperd, as it appears on the commis¬ 
sioner's book, and J. J. Shepperd on the poll-book which you have ex¬ 
amined, the same person ? 

Answer. I have seen him sign his name J. J. Shepperd; there is 
no James J. Shepperd in this county that I know of, unless his name' 
is James J. 

By same. Did he or not go out to Whitley for the benefit of the ex¬ 
tensive acorn mart out there, and engage in the hog business? 


332 


KENTUCKY CONTESTED ELECTION. 


Answer. I learned from E. B. Jones, and said Shepperd, that Jones 
had a lot of hogs ; Jones and I went out to Whitley county to examine 
the mart, and the people opposed Jones’ bringing his hogs into that 
mart. J. J. Shepperd then said to Jones that as he had a farm there 
they could not prevent him from keeping hogs there; then Jones 
agreed to give him, Shepperd, so much a hundred for what might be 
put on the hogs while out there, if he, Shepperd, would help him take 
them out there, and see to them. They took the hogs, and kept them 
there all the winter ; this was last winter, (1858-’59.) 

By same. Where do you live ? 

Answer. Here in Monticello, Wayne county, Kentucky. 

By same. Where does your father live P 

Answer. On Rock creek, in what is called the Parmlysvilie, or 
South fork, precinct, No. 4, in said county. 

By same. Where did you vote at the late August election ? 

Answer. In the court-house, Monticello, in precinct No. 1, Wayne 
county, Kentucky. 

By same. Have you any family ? 

Answer. No, sir. 

By same. Do you or not frequently say, when about starting to your 
father’s, “I am going home.” 

Answer. I frequently say I am going out to Bawley’s, which is the 
cognomen of my father; I don’t recollect saying that I was going 
home, on starting there. 

By same. Has or not the said J. J. Shepperd been engaged in busi¬ 
ness in Monticello, Wayne county, Kentucky, in precinct No. 1 ? 

Answer. He had been selling groceries in said town, and precinct, 
where his vote is recorded, some time before he went to Whitley 
county. 

By same. Where is the said Shepperd’s washing done while out in 
Whitley ? 

Answer. When he and Jones first went out there last winter their 
washing was done in Wayne county, two miles from where they lived in 
Whitley county, in the Dobbs district, No. 7. 

By same. Were you or not a warm and active supporter of Wm. C. 
Anderson in the late election for Congress ? 

Answer. I did all I could for him; I rode and electioneered for him. 

By Anderson’s attorney. You have said that Jones took hogs out to 
Whitley, to the mart; now state whether or not said hogs have not 
long since been brought back to Wayne. 

Answer. The hogs mentioned were brought back here in the spring 
past, and weighed. 

By same. Does not said Shepperd still continue in Whitley ? 

Answer. He does. 

HATSON T. BURK. 

Also the deposition of James Y. Warden, taken at the same time 
and place, being first duly sworn : 

By Anderson’s attorney. Have you or not been at the house of J. J. 
Shepperd in Whitley county; if so, when, and where did said Shepperd 
say he lived? 


KENTUCKY CONTESTED ELECTION. 


333 


Answer. I was at the house of J. J. Shepperd on the 29th day of 
December, 1858, in Whitley county ; I staid all night with him ; he 
told me that he lived there at that place. 

By same. Give the whole conversation. 

Answer. He told me he had swapped for the place of Mr. Blevins, 
upon which he was then living ; he showed me his wheat, and the 
ground he was going to put in corn the next season ; he said that he 
had the advantage of men who did not live out there ; that he had a 
fine range for stock, and invited me to stop and staywith him fre¬ 
quently as I might pass to Williamsburg, the county seat of Whitley. 

By same. Did he or not tell you that was his home? 

Answer. He said that place was, where he was living, and that he 
expected to remain there ; he did not use the word home that I recol¬ 
lect of; he called it his house, and said he could do much better there 
in the way of raising stock than he could in Wayne. 

By same. Have you or not been a deputy marshal for Wayne county; 
if so, when ? 

Answer. I was a deputy marshall for half of Wayne county in the 
year 1850. 

By same. Have you or not frequently been a candidate before the 
people of Wayne county; and are you or not well acquainted in said 
county ? 

Answer. I have been a candidate for office frequently in this 
county, and have an extensive acquaintance in Wayne county. 

By same. How long have you lived in Monticello ? 

Answer. Since the year 1832, except a few months in Burksville 
in 1834. 

By same. Do you or not know every voter in this town, precinct 
No. 1. 

Answer. I can’t say that 1 know every one ; I think I know the 
most of them. 

By same. Is or not the name of G. B. Vaughn recorded on the 
poll-book of precinct No. 1 of Wayne county as voting for J. S. 
Chrisman at the late August election ? 

Answer. I have examined said poll-book, and find the name of G. 
B. Vaughn recorded upon the same as voting for J. S. Chrisman for 
Congress at the late August election. 

By same. Do you know any man who lives in precinct No. 1 by 
the name of G. B. Vaughn, or who has lived in said precinct or in 
Wayne county ? 

Answer. I know of no such man, nor never knew of such a man 
living in precinct No. 1; nor do I know of such a man ever having 
lived in Wayne county ; I have made inquiry for a man of that name, 
and can hear of none. 

By same. Are you or not acquainted with John Fredricks ; if so, 
state whether or not he is a foreigner ? 

Answer. 1 know John Fredricks ; he has the appearance and 
brogue of a foreigner ; he told me he was of foreign birth. 

By same. Is or not the name of said John Fredricks recorded upon 
the poll-book of precinct No. 6, Wayne county, at the late August 
election, for J. S. Chrisman for Congress ? 


334 


KENTUCKY CONTESTED ELECTION. 


Answer. I have examined said poll-book, and find his name re¬ 
corded as voting for J. S. Chrisman for Congress at the late August 
election. 

By same. Are you not acquainted with Henry Greer, Charles Or- 
mand, and Henry Martin ; if so, state whether or not they are 
foreigners by birth ? 

Answer. I am acquainted with the persons named in the question. 
■Charles Ormand is a foreigner by birth ; that is, he told me so ; he 
has the appearance of a foreigner and the brogue, though not as bad 
as some. Henry Martin told me he was of foreign birth ; he has the 
appearance of a foreigner. I can’t say, as to Greer ; I know but 
little about him. 

By same. Are not the names of Henry Martin, Charles Ormand, 
and Henry Greer, recorded upon the poll-book of precinct No. 1 of 
Wayne county as voting for J. 8. Chrisman for Congress at the late 
August election ? 

Answer. The name of Henry Martin, Charles Ormand, and Henry 
Greer, are recorded upon the poll-book mentioned in the question as 
voting for J. S. Chrisman for Congress at the late August election ; 
I have examined said poll-book, and have it now before me, and so 
find them recorded. 

By same. Do you know of any other Charles Ormand, Henry 
Greer, and Henry Martin, who lived in said precinct at the late 
August election, than those of which you have spoken? 

Answer. I do not. 


Cross-examined . 

Did or not J. J. Sliepperd, of whom you have spoken, do business 
in the town of Monticello, Wayne county, Kentucky, some time 
since ? 

Answer. He had a grocery here ; he staid in it a while ; whether 
he had an interest in it or not, I don’t know ; this was just before he 
was a candidate for county surveyor of Wayne county in the summer 
of 1858. 

By same. Did he or not make a warm and exciting race in this 
county during the summer of 1858 for county surveyor ? 

Answer. He was a candidate that summer for the office of county 
surveyor of Wayne county ; he rode about a good deal, and took a 
great deal of interest for himself; he had opposition for the office. 

By same. Examine the poll-books for the town precinct No. 1 of 
Wayne county, in which the said Sheppera voted last August, and 
state whether you do not there find his vote recorded as voting in the 
same precinct in 1858 in which he voted for Chrisman in 1859, 
August last. 

Answer. Yes, sir ; I so find. 

By same. Look on the commissioners’ book for the year 1859, 
Wayne county, and state whether you do not find him there listed 
for taxation in Wayne county? 

Answer. I find him there listed for taxation on the commissioners’ 
book for the year 1859, Wayne county, Kentucky, and he lists no 
land in any county on said book ; his poll only is listed. 


KENTUCKY CONTESTED ELECTION. 


335 


By same. Do or not the commissioners annually commence taking 
the list of taxable property on the tenth day of January in each year ? 

Answer. That is the time fixed by law, after which they commence 
taking the list of taxable property. 

By same. Was it or not before the 10th of January, 1859, that 
you was at the said Shepperd’s, in Whitley county, and heard him 
have the talk to which you have deposed ? 

Answer. Yes, sir ; it was in December, 1858. 

By same. Is or not James J. Shepperd on the commissioners’ book 
for 1859, and J. J. Shepperd on poll-book for August last, the same 
person? 

Answer. I think they are. 

By same. Were you or not a warm, zealous, and active supporter 
of Mr. W. C. Anderson in the last race for Congress ? 

Answer. Yes ; and expect to be again when the same men run. 

By same. Are you or not a personal enemy of Mr. J. S. Chrisman? 

Answer. I am. 

By Anderson’s attorney. Has not Mr. J. J. Shepperd frequently, 
since the 10th day of January, 1859, invited you to call at his home 
in Whitley county and stay with him? 

Answer. Mr. J. J. Shepperd last March, and again in August, 
1859, invited me to call and stay with him at his home in Whitley 
county. 

JAMES Y. WARDEN. 

Adjourned until to-morrow morning. 

G. W. MILLS, Presiding Judge . 

December 6. 

Met at 9 o’clock, pursuant to adjournment on yesterday. 

Deposition of Belfey Wood: 

By Anderson’s attorney. Are you or not acquainted with James 
Davis ; if so, tell all you know of him ; his residence for the last 
twelve months ? 

Answer. I know the man ; I saw him awhile before the late August 
election ; it was the summer of the election ; he was then living with 
his son on the waters of Beaver creek, in precinct No. 4, (South fork,) 
Wayne county ; the next I saw of him he was moving from his son’s, 
down Beaver creek, in a western direction; he told me he was going to 
a house that belonged to old Andy Criswill’s heirs ; that house is in 
the Edwards precinct, No. 3, of Wayne county ; he had his family 
with him at his son’s, also when he was moving down the creek ; 
he had some of his plunder with him at his son’s and wanted to hire 
me to go back after the balance of his things, which he said he had 
left back in the Dobbs district near the mouth of Rock creek, which 
things he said he could not carry when he left there ; I lived within 
half a mile of said James Davis when he lived at his son’s and saw 
him frequently there ; he was there a right smart time and told me 
he was a voter in the fourth precinct, (South fork,) Wayne county. 


336 


KENTUCKY CONTESTED ELECTION. 


Cross-examined. 

Question. Can you say whether it was in the spring or summer 
when you saw him moving as you have stated ? 

Answer. It was in the summer I think ; I remember seeing him 
hoeing corn at his son’s before he left. 

By same. Were you ever at his house after you saw him moving to 
the Criswill place ? 

Answer. I never was. 

By same. How then do you know that he ever went to the Criswill 
place ? 

Answer. He said he was going there ; I afterwards saw him cut¬ 
ting wheat at Beuben Sloan’s, about a mile from the said Criswill 
place; his wife and children were in the field with him. 

By same. For whom did you vote for Congress last August? 

Answer. I voted for Mr. W. C. Anderson. 

his 

BELFEY + WOOD. 

mark. 

Also the deposition of A. M. Shepperd, taken same time and place, 
being duly sworn: 

By Anderson’s attorney. Were you or not the sheriff of the late 
August election at precinct No. 1, Wayne county? 

Answer. I was, and acted as such. 

By same. Do you or not recollect that Charley Ormand, Henry 
Greer, Henry Martin, and Evan B. Jones voted at said precinct at 
said election ? 

Answer. I recollect that said persons voted at said election. 

By same. Did either of said persons present naturalization papers 
at the time they voted ? 

Answer. They did not present any kind of papers. 

By same. Are or not said persons all of foreign birth ? 

Answer. They are called foreigners and I should take them to ho 
foreigners from their appearance and brouge. 

By same. Are they or not new comers to this country ? 

Answer. They are. 

By same. Have you or not been constable in the first voting precinct 
of Wayne county ; if so, for how long, and how appointed ? 

Answer. I have been constable of the first voting precint of Wayne 
county since the first Saturday in May, by the vote of the people of 
said precint, and have acted as such since I was sworn in, fourth 
Monday in May, 1859. 

By same. Are you or not well acquainted with the people of said 
precinct ? 

Answer. Most generally. 

By same. Were you or not horn and raised in Monticello, Wayne 
county, Kentucky? 

Answer. I was horn about two miles from Monticello and was raised 
in Monticello from a three year old. 

By same. Is or not the name of G. B. Yaughn recorded on the poll- 


KENTUCKY CONTESTED ELECTION. 337 

book of the late August election held at precinct number one, Wayne 
county, and for whom for Congress ? 

Answer. I have examined said book, and find the name of Gr. B. 
Vaughn recorded for J. 8. Chrisman for Congress at the late August 
election. 

By same. Do you know of any man of the name of Gr. B. Vaughn 
who lived in this precinct, number one, of Wayne county at the late 
August election, or at any time ? 

Answer. I never knew him in my life; never heard of such a man 
until he came to the polls to vote. I know of no man of that name 
who lived in this county at any time. 

By same. Did you or not see the poll-book of precinct number one 
of Wayne sealed up, and did you or Dot deliver it to the clerk of the 
Wayne county court sealed up? 

Answer. I sealed the book with my own hands, and delivered the 
book sealed to Bowlin E. Roberts, deputy cleik of the Wayne county 
court, on Monday night of the election. 

By same. Is or not William Simpson clerk of the Wayne county 
court ? 

Answer. He is, and has been for many years. 

By same. Is he or not the step-father of James S. Chrisman, who 
ran for Congress in this district at the late August election ? 

Answer. He was until the death of his wife, which occurred in 
September, 1859. 

By same. What do you know of the residence of J. J. Shepperd? 

Answer. J. J. Shepperd has been living in Tennessee or Whitley 
county, Kentucky, for about one year ; he left here last fall with E. B. 
Jones’ hogs. 

By same. Did or not said J. J. Shepperd tell you that he lived in 
Whitley ? Tell ail he said to you upon the subject of his residence ? 

Answer. He did not tell me particularly that he lived in Whitley ; 
last April or May he was in Monticello ; I invited him home with me ; 
he said he could not go, that he had to go home and cut his wheat. 

By same. Did or not J. J. Shepperd for some time before he went 
to Whitley county live at his father’s, in the Sinking or fifth precinct 
of Wayne county ? 

Answer. For some time before J. J. Shepperd left this county he 
had been living at his father’s, who at that time lived in precinct num¬ 
ber five, Wayne county. 

By same. Did or not J. J. Shepperd quit the grocery business in 
Monticello and go to his father’s before leaving the county? 

Answer. J. J. Shepperd had been doing business in Monticello; 
was employed as a hireling ; when his time was out or the business 
closed he went to his father’s and remained there for some time, and 
Irom there left the county. 

By same. Has he any effects in this county? 

Answer. .None that I know of. 

By same. How many days or nights has he spent in the town of 
Monticello since he left Wayne county? 

Answer. Not as many as half a dozen that I know of; I have been 


H. Mis. Doc. 11-22 



338 


KENTUCKY CONTESTED ELECTION. 


living in said town for the last three years ; it is a small village, and 
said J. J. Shepperd is my cousin ; we are friendly. 

Cross-examined. 

Are you acquainted with J. T. Bently, the late stage-driver from 
Monticello to Somerset, and for whom did he vote for Congress at the 
last August election, and in what precinct did he vote? 

Answer. I have been acquainted with the said Bently ever since he 
commenced driving the stage from Monticello to Somerset; he voted 
at the last August election at the town precinct No. 1, in Wayne 
county, Kentucky, and for W. C. Anderson for Congress. 

By same. Was he or not a single young man, and did he ever have 
any home or stay in Monticello precinct, No. 1, except as he come 
and went driving the stage? 

Answer. The general supposition was that he was single ; he had 
no home or stay in Monticello precinct, No. 1, of Wayne county, Ken¬ 
tucky, except as he came and went driving the stage. 

By same. Have you or not heard the said persons, Jones, Martin, 
Grear, Fedricks, and Orman, whom you suppose to be foreigners, or 
some of them, say that they were naturalized citizens of the United 
States ? 

Answer. No ; I never heard either of them say that. 

By same. Were any of the said persons whom you suppose to be 
foreigners, and who voted in your presence, called on for naturaliza¬ 
tion papers, or their right to vote in any way questioned? 

Answer. They were not called on for their naturalization papers, 
nor their right to vote in any way questioned. 

By same. You know, do you not, that a man who gave his name as 
G. B. Yaughn did vote for Chrisman in the town precinct, as the 
name and vote there stand recorded ? 

Answer. I do ; I recollect that distinctly. 

By same. Do you know where that man lives or ever lived ? 

Answer. I don’t know where he ever lived; I never knew such a 
man until he presented himself to vote. 

By same. Did not J. J. Shepperd, when he went out to Whitley 
county, go there with E. B. Jones, then and now a citizen of Wayne 
county, and assist the said Jones in keeping a lot of hogs in the said 
county of Whitley for the benefit of the mart there? 

Answer. I suppose he did ; it was in Whitley county or Tennessee 
in which they kept the hogs ; I don’t know which. 

By same. Did he or not vote here in the town precinct, No. 1, 
Wayne county, Kentucky, at the August election, 1858, without his 
right to vote being questioned ? 

Answer. He did. 

By same. Has he not always listed for taxation and paid his taxes 
in Wayne county? 

Answer. I don’t know, sir. 

By same. Has the said J. J. Shepperd any property anywhere that 
you know of? 


KENTUCKY CONTESTED ELECTION. 339 

Answer. None that I know of at present; he said he had some 
wheat last summer. 

By same. How do you know that he went to his father’s, out of the 
limits of the town precinct, No. 1, and made his home there? 

Answer. I was at his father’s several times, and every time I was 
there he was there also. 

By same. Had he or not been living in the town precinct, No. 1, 
for two years prior to August, 1858, and up to the time he went off 
with the hogs, as you have stated ? 

Answer. Not all the time. 

By same. Is it or not the custom of the commissioner of tax for 
Wayne county for the year 1859 to swear each person who lists to 
give a true list of all his taxable property ? 

Answer. He swore me. I have seen him swear others after taking 
their lists. 

By Mr. Anderson’s attorney. Did or not George W. St. John, the 
brother-in-law of Ezekiel Smith, vote at the precinct No. 1 of Wayne 
county at the late August election ; if so, for whom? 

Answer. George W. St. John voted at said precinct for J. S. Chris- 
man at the late August election ; I saw him vote ; he is the brother- 
in-law of Ezekiel Smith ; his vote is so recorded for Chrismam 

By same. Was or not the G. B. Vaughn of whom you have spoken 
a boy in appearance ? 

Answer. He was ; he did not look like a grown man. 

By same. Did or not J. T. Bently stay all night in Monticello, 
Wayne county, Kentucky, three nights in every week, for a year 
before the late August election ? 

Answer. Said Bently staid at Win. M. Wortham’s, in this town, 
(Monticello,) three nights in the week for a year before the late Aug¬ 
ust election ; he drove the stage, and his stopping place was here. 

By same. You have said that J. J. Shepperd had no effects of which 
you know ; have you been at his house in Whitley to see his effects? 

Answer. I have not been there. 

By same. Has or not John Horton and G. W. Sumpter listed a 
poll-tax for this county on the sheriff’s tax-book for the year 1859? 

Answer. I have looked at the sheriff’s tax-book for the year 1859, 
and I find John Horton and G. W. Sumpter both on said book for a 
poll-tax each for the year 1859. 

By same. Did or not John Criswell vote at the precinct No. 1 of 
Wayne county at the late August election, and for whom is his vote 
recorded ? 

Answer. Said John Criswell voted at said election ; I saw him 
vote ; he voted for J. S. Chrisman for Congress, and is so recorded. 

By same. Describe the man. 

Answer. He is a man five feet nine or ten inches high ; hair dark, 
I think ; he has a scar on his cheek, circular, about a half circle ; 
about thirty-three to thirty-five years in appearance ; a peculiar ex¬ 
pression of his eyes. I was a friend of W. C. Anderson. 

A. M. SHEPPERD. 


340 


KENTUCKY CONTESTED ELECTION. 


Also the deposition of John S. Van Winkle, taken at same time 
and place: 

By Anderson's attorney. Are you or not acquainted with Frederick 
Greer? If so, state whether or not he is a foreigner by birth, and also 
where he lives 

Answer. I am acquainted with a young man of that name, who 
resided with John W. Minor, in this county, and who went with said 
Minor to Clinton county, where he moved some year or more since. 
I have seen said Greer about the premises of Minor since, in Clinton, 
and think he has told me he lived with Minor since his removal to 
Clinton county. Said Greer has the appearance and brogue of a 
foreigner by birth. My recollection is, I have talked to him about 
the place of his nativity, which, I think, he informed me was some 
of the German States, perhaps Prussia; am not certain. 

By same. Do you know John Fredericks, Charles Ormand, Henry 
Greer, and Henry Martin ; if so, state whether or not they are for¬ 
eigners, and where do they live? 

Answer. I know men by the name of Charles Orman, Henry Greer, 
John Fredericks, and Henry Martin, who live in Wayne county. I 
think I may safely say they are all foreigners by birth, judging from 
their appearance and broken manner of speaking the English lan¬ 
guage. Henry Martin, however, talks better than the others men¬ 
tioned. I would judge him to be an Englishman by his brogue and 
accent ; I think I have heard him say he was an Englishman. They 
all live in district No. 1 of this county, except John Fredericks, who 
lives in district No. 6, as I am informed. 

By same. Is or not the name of Andrew Hill recorded as voting for 
J. S. Chrisman at the late August election upon the poll-book of the 
fourth precinct of Wayne county? 

Answer. I have examined said poll-book, and find the name of 
Andrew Hill recorded for J. S. Chrisman at the late August election. 

By same. Is or not the name of James Daws recorded as voting for 
J. S. Chrisman at the late August election upon poll-book of precinct 
No. 6, Wayne county ? 

Answer. I find such a name as James Daws recorded as voting for 
J. S. Chrisman for Congress at the late August election upon the 
poll-book of the sixth precinct of Wayne county, Kentucky. 

By same. Is or not the name of Stephen Loveall recorded as voting 
for J. S. Chrisman for Congress at the late August election upon the 
poll-hook of the fifth precinct of Wayne county? 

Answer. I find such a name as Stephen Loveall (who is marked as 
having been sworn) recorded as having voted for J. S. Chrisman for 
Congress in the late August election upon the poll-book of the fifth 
precinct of Wayne county. 

By same. Were you or not present at the clerk’s office of Wayne 
county Tuesday after the election and before the comparison of the 
books were made by the county canvassers ? If so, state whether or 
not the seals of the poll-books, or a part of them, were broken open 
before or after you got there ; state what persons were there when 
you went into the office; also their policy. And was or not J. S. 


KENTUCKY CONTESTED ELECTION. 341 

Chrisraan there ; and what weie those assembled there engaged at, if 
anything ? 

Answer. I was at the clerk’s office in Monticello Tuesday morn¬ 
ing after the election I think I first went there soon after breakfast. 
I found the poll-book of district No. 1 open and lying on the table, 
and I made a count of the poll. I think, after remaining awhile, I 
left, and again returned sometime in the forenoon, and remained some 
time. While there the poll-books of several districts of the county 
were brought in and delivered to Wm. Simpson, the clerk of the 
county court. I have a pretty distinct memory of seeing him break 
the seals of the hooks of districts Nos 2 and 3, and I may have seen 
5 and 6 broken, but of this I am not sure. I counted Nos. 1, 2, and 
3, and perhaps 5. I hardly think I did count 5. James S. Chris- 
man, John S. Wray, Wm. Heath, Henderson Coffey, and B. E. Rob¬ 
erts, deputy clerk, were present. They are all democrats and warm 
political friends of J. S. Chrisman. C. H. Benton, an Anderson 
man and oppositionist, was also there during the morning. My im¬ 
pression is he came in towards noon. There was nothing being done 
except the poll of some of the districts were counted. I think some 
one else besides me was looking over them. Major Chrisman, ac¬ 
cording to my recollection, was at the clerk’s office during the whole 
time I was there, which I think was several hours. Chrisman may 
have come in the office soon after 1 went there. The election was the 
only topic which I heard discussed, with matters connected with it. 
It was freely discussed. This was before the comparison of the vote 
of Wayne county by the county board. I am not clear who was pres¬ 
ent when I first went to the clerk’s office, except the clerk and deputy. 
I am an oppositionist and a political friend of Anderson’s, and voted 
for him. Wm. Simpson, the county clerk, was a whig originally, 
but has been acting with the democratic party since 1855, including 
that year. He was a friend of Chrisman’s in the late election. 

By same. What relationship exists or has existed between James S. 
Chrisman and Wm. Simpson, the county clerk of Wayne county ? 

Answer. Wm. Simpsou married the mother of James S. Chrisman. 

By same. Have you or not examined the book of the assessment of 
taxes for Wayne county for the years 1858 and 1859 ? If so, state 
whether or not George W. St. John is or not upon said books, or either 
of them, listed for a poll or property of any kind. 

Answer. I have looked at the books of assessment of taxes of the 
upper end of this county for the years 1858 and 1859, and do not find 
his name on said books, or either of them. His brother-in-law, with 
whom he generally staid while here, resides in that end of the county, 
and is assessed on one or both of said books. 

Cross-examined . 

Examine the commissioners’ assessment of taxable property 
for the year 1859, in Wayne county, Kentucky, and state whether 
A. K. Russell is not there listed for taxation, and whether J. T. 
Bently is found on the commissioners’ books of said county for the 
year 1859 ; also is or not John Criswell there listed for taxation in 
the year 1859 P 


342 


KENTUCKY CONTESTED ELECTION. 


Answer. I have cursorily looked over said books, and find A. Knox 
Russell listed for a poll. I do not find the name of J. T. Bently. I 
find the names of two John Criswells on said book, that is the lower end. 

By same. Was there any A. K. Russell residing in precinct No. 1, 
Wayne county, last August, except the one challenged as an illegal 
voter, voting for Chrisman for Congress at the last August election, 
and is or not his name A. Knox, or is he not called Knox ? 

Answer. I have seen but one A. K. Russell in Wayne county so far 
as I know. He came to this county, I think, about the 1st January 
last, and said he wanted to read law in the office of my brother and 
myself, who are attorneys. I think he did some reading, and remained 
in the county nearly all summer. I think he was about for a week or 
two before the election, perhaps longer. He was here during the 
early part of August. I think he remained for some days after the 
election, and left. He has been here once or twice since then, and 
remained a few days. I think the last time he staid but a short time. 
I never heard of any other business he had here but studying law, 
except I understood he tried to get to teach school in the county, but 
did not. 

By same. Have you or not heard the persons, or some if not all of 
them, of whom you have spoken, and supposed to be of foreign birth, 
say that they were naturalized citizens ? 

Answer. I have no recollection of ever hearing any one of them 
speak of his naturalization. I once saw something like naturaliza¬ 
tion papers of Henry Grear, I think, but my recollection is that the 
certificate required by the act of Congress for authentication of records 
was not to it. It may, however, have been a domestic record, that is 
a copy. 

By same. Have you ever heard any complaint from Mr. Anderson 
or any intelligent friend of his of any alteration and wrong in the 
poll-books, growing out of their having been broken open by Simp¬ 
son, as you have stated? 

Answer. I never heard of anything of the kind, except with regard 
to the vote of Peter Phipps. The clerk of the election for district No. 
4 told me he did not think that he recorded the vote of said Phipps 
for Chrisman, and seemed to think it was done by some one else. He 
has since given his deposition, (see deposition of Jeremiah Burnet,) in 
which he stated that he must have made the mistake himself, or words 
to this effect. 

JNO. S. VAN WINKLE. 

Also the deposition of William Dugger, taken at the same time and 
place: 

By Mr. Anderson’s attorney. Are you or not acquainted with 
Charles Mitchell', who now resides in Wayne county? 

Answer. I am. 

By same. When, if you know, did he come to Wayne county? 

Answer. I can’t tell you more than what he told me. 

By same. Did he ever tell you, before the late August election, 
when he came to this county? If so, tell all he said in that conversation. 

Answer. Before the last August election he told me that he had 


KENTUCKY CONTESTED ELECTION. 


343 


been rambling about in Kansas aud some of the western States; that 
he had been there three or four years, and then came to his father’s 
upon the Ohio river, and there heard of a brother that had been sup¬ 
posed lost, or not heard of for a good while; said brother, he heard, 
was down in Barren county, Kentucky; that he came down to Barren 
in search of him ; that he got there, and a short time after he got 
there he married, and started the next day and came to Wayne county ; 
he said he got to Wayne county on the 15th day of August was a year 
ago, (August 15, 1858.) 

By same. Did he or not tell you that he had been living in the 
western States until he came back to his father’s? 

Answer. He said he was in Kansas and other States. 

By same. Did he or not tell you that he left his father’s immediately 
or soon after he got there, and went to Barren county, Kentucky ? 

Answer. Yes, sir ; he said he started directly after he got to his 
father’s in search of the lost brother out in Barren. 

By same. Do you know any other Charles Mitchell who lived in 
Wayne county at the late August election than the one of which you 
have spoken ? 

Answer. He is the only man of that name that I know of in Wayne 
county. 

By same. How long have you lived in the town precinct of Wayne 
county ? 

Answer. Some ten or eleven years ; perhaps longer than that. 

By same. Are you well acquainted in said precinct? 

Answer. Yes, sir ; tolerably well. 

Cross-examined . 

Was or not the said Charles Mitchell or “ Michel” raised in Wayne 
county ? 

Answer. I don’t know whether he was or not. 

By same. Does or not his father reside in Wayne county, Kentucky ; 
and if so, how long? 

Answer. I don’t know. 

By same. Where does the said Michel now live, if you know ? 

Answer. He lives over here at Dick Owens’, in this (Wayne) county, 
Kentucky. 

By same. When was it you heard him have the conversation spoken 
of? 

Answer. I would suppose it has been some fifteen or sixteen months 
ago. 

Question. Where did he reside when he had this talk to you? 

Answer. Where he does now, I reckon. 

By same. Was the election and the right to vote spoken of in that 
conversation ? 

Answer. No, sir. 

By same. What brought up the conversation ? 

Answer. He brought it up. I don’t know what he brought it up 
for. 


344 


KENTUCKY CONTESTED ELECTION. 


By same. Where was this conversation, and who besides you heard 
it? 

Answer. It was betwixt a place called Towlertown, where Greer 
Kinnet lives, in Wayne county, and the Cumberland river, in the path 
we were coming from the river together. 

By same. What year, month, and day was it when you heard the 
conversation ? 

Answer. I can’t tell the month nor day. I suppose it was in last 
year. 

By same. Was it in spring, summer, autumn, or winter? 

Answer. It was in the summer. 

By same. How long before he had the chat did he say he had come 
to this, Wayne, county ? 

Answer. He said he came here the 15th or 16th of August before 
we had the conversation. 

By same. What object did he seem to have, or say that he had, in 
giving you the precise time of his arrival in Wayne county ? 

Answer. He did not have any as I know of. 

By same. What enables you to recollect the day on which he said 
he arrived in Kentucky any better than the day on which you had 
the talk with him ? 

Answer. I recollect he had the conversation, but did not memorize 
the date of it 

By same. Did you memorize the date on which he told you he 
reached Kentucky ? 

Answer. No, sir ; but I recollect the date he told me he came. 

By same. Then, which was it, the 15th or 16th of August? 

Answer. It was the 15th or 16th he said. 

By same. How did Mr. Anderson or his friends learn what you 
knew about what he said ? Who asked you about it ? 

Answer. I don’t know who I first told about it. I have spoken of 
it frequently. I reckon I told them about it. 

By same. In what year, month, and day were you born? 

Answer. I suppose I was born in 1818, the 7th day of May. 

By same. Have you a wife and children ? 

Answer. Yes, sir. 

By same. In what date were you married, and each of your children 
born ? 

Answer. I don’t recollect the date of my marriage. I don’t recol¬ 
lect distinctly, as I know of, the dates of my children’s births. I could 
count up the date of my marriage and the ages of my children if I 
had the time 

By same. Can you state the year in which any child of yours was 
born ? 

Answer. Our youngest child was born on the 20th day of January. 
He will be four years old the 20th day of January next. 

By same. Can you recollect the month, year, and day on which 
any other event which you have witnessed in the last five years has 
happened, except the day Michel told you he arrived in Wayne 
county, Kentucky ? 


KENTUCKY CONTESTED ELECTION. 345 

Answer. I don’t know that I can tell the date on which any other 
thing happened. 

By same. Who first asked you when Michel got to Kentucky ? 

Answer. I don’t know as any one ever asked. 

By same. On which side of the Ohio river did he say his father 
lived? 

Answer. I don’t remember that he said. 

By same. Does or not the said Charles Michel reside close to Es¬ 
quire M. Stephens, who was one of the judges of the last August elec¬ 
tion at the precinct where the said Michel voted? 

Answer. He lives within two or three miles of the said Stephens, 
who was one of the judges of the election last August. 

By same. What was said Stephens’ politics, and what yours? 

Answer. We are both whigs, and I voted for Anderson. 

hia 

WM. + DUGGER. 

mark. 

Also, the deposition of. Sally Boyd, taken at same time and place : 

By Anderson’s attorney. You will state whether or not you know 
on what day of the week and month Francis Winchester moved from 
Whitley to Wayne county. 

Answer. He moved to Wayne county from Whitley the first Sun¬ 
day in June. 

By same. What June was it. 

Answer. It was last June. 

By same. Did you or not move into his house in Whitley the day 
before he left there and came over to Wayne ? 

Answer. I did. 

By same. Did you or not see him start off with his family on the 
first Sunday in June? 

Answer. I was there and saw him start; he took part of his family, 
that is, part of his children, on the next morning, Monday, the Gth 
of June ; he took his wife over to Wayne ; he went into a house be¬ 
longing to the Ingram heirs, in which Riley Abbott then lived. 

By same. Do you recollect on what day of the week the month of 
June came in on ? 

Answer. It came in on Wednesday is my recollection ? 

By same. When did said Francis Winchester take his plunder or 
household articles over to his new home? 

Answer. On Monday, the day he took his wife. 

By same. How far did he live from the oil well before he left 
Whitley? 

Answer. About one mile, or a little upwards. 

By same. Can you read or write ? 

Answer. No, sir. 

By same. Where did you move from when you went to the house 
that Winchester lived in? 

Answer. I moved from a little house the other side of Winchester, 
about half a mile, into his house. I went down to the Winchester 
house on Saturday, and he commenced moving over the river the 
next day. 


346 


KENTUCKY CONTESTED ELECTION. 


Cross-examined . 

'What day of what month is this ? 

Answer. It is the 6th day of December. 

By same. Do you know what year ? 

Answer. 1859. 

By same. On what day of the week did this month come in on ? 
Answer. On Thursday. 

By same. On what day of the week did last month go out on ? 
Answer. On Wednesday. 

By same. How do you know that Frank Winchester moved on the 
first Sunday in June last. 

Answer. Because I know it was, as I moved in on the Saturday 
before he left. 

By same. What other moves have you ever made, if any ? 

Answer. I moved from this side of the river over there to the 
little house I have spoken of. 

By same. On what day of what month, and in what year, did you 
move to the little house aforesaid ? 

Answer. I moved there on the 6th day of March, in last year ; I 
don’t recollect what year last year was. 

By same. On what day of the week did you make last-mentioned 
move? 

Answer. On Saturday ; I am mistaken, it was on Sunday. 

By same. Have you any children ? 

Answer. None living. 

By same. On what day, month, and year had you one that died ? 
Answer. It died the 11th day of July, three years ago. 

By same. What day of the week was that ? 

By same. Where does the Frank Winchester you have spoken of 
now live? 

Answer. At the oil well, in Kentucky. 

By same. In what year were you married ? 

Answer. It was eight years ago. 

By same. What State is this ? 

Answer. It’s Wayne ; no, I made a mistake, it is Kentucky. 

By same. When did you first learn that last June came in on 
Wednesday ? 

Answer. I already knew it. 

By same. How did Mr. Anderson and friends learn that you 
knew it? 

Answer. I told them, I reckon. 

By same. Whom did you tell ? 

Answer. I think I told it to Andy Slaven first? 

By same. What day of the week is this ? 

Answer It is Tuesday. 

By same. Did you see Frank Winchester move? 

Answer. Yes, sir ; I saw him start. 

her 

SALLY + BOYD. 

mark. 


KENTUCKY CONTESTED ELECTION. 347 

Also the deposition of James Hutchison, taken at same time and 
place, being duly sworn : 

By Mr. Anderson's attorney. Are you or not acquainted with Cet- 
ron Crutchfield, jr., son of John Crutchfield? 

Answer. I am acquainted with him ; he is the son of John Crutch¬ 
field, of Wayne county. 

By same. Did you or not see him vote at the late August election, 
at precinct No. 6 ? 

Answer. No, sir ; I did not see him vote, but I was present at the 
election at the polls just as he had finished voting, and heard a dis¬ 
pute about his vote. 

By same. State whether or not he left this country some years ago ; 
if so, where did he go to ? Tell all you know about it. 

Answer. I saw him about four years ago next spring; he lived near 
me; about that time he told me he was going to his uncle's, in Iowa, 
with Robert McBeath and John Kennedy ; he disappeared from this 
country about that time, and was gone about eighteen months, a little 
longer or shorter probably. I saw him when he came back to his 
father’s, about two years ago ; I talked with him about Iowa and the 
western country; he told me he had been in Iowa and was greatly pleased 
with the country ; said he had looked at a part of Missouri. He re¬ 
mained here from the fall or winter until March following ; left again; 
before leaving he came to me and wanted to sell me a horse ; he said 
he wanted to raise money to pay his expenses home; that one of his 
brothers was going home with him, and they needed money to pay 
their expenses. My recollection is he said he was going to Missouri ; 
he left in March, and was gone until about twelve months ago, per¬ 
haps not quite that long, when he came back here—that is, he came 
back here last winter about Christmas ; I saw him soon after his return; 
I asked him how it happened he had come back ; he said he done so 
much better than he expected he had come back here to go to school, 
as he could get schooling cheaper here than out west and be with his 
friends and father, and that he intended to go to school to Burton 
until this fall and then return home ; he said a man in that country, 
Missouri, without an education did not stand a fair chance ; he told 
me that he had moved from Iowa into Missouri, and that he was going 
to Missouri when he left the last time. I don’t know that he ever 
owned land in Iowa, but said he owned land in Missouri, this is my 
recollection ; I know it was one or the other of those States in which 
he said he owned land. 

By same. Do you or not know Samuel Pennington? 

Answer. I do know him very well. 

By same. Did he or not leave this county ; il so, when and for what 
purpose ? 

Answer. Along last October was a year, that is October, 1858, his 
son came to this country from North Carolina, and shortly afterwards 
I saw the old man, Samuel Pennington; he told me he wanted to sell 
his property; that he was going home with his son; that he was getting 
old, and that his children lived in North Carolina and had come after 
him, and that he was going home with them; that they were going to 
take care of him the balance of his life. He made a public sale about 


348 


KENTUCKY CONTESTED ELECTION. 


five or six days after this conversation, and sold everything, even the 
plank out of his house, and left with his son. I was at his house the 
morning he started ; he left nothing behind that I know of; he said 
he was going to North Carolina On Saturday after the May election, 
1859, he came hack here ; I saw him the next day; he told me he had 
moved to North Carolina and hack; that he had built a house in 
North Carolina at the foot of a hill, and that during the winter he 
never got to see the sun, and as soon as he could see the sun next spring 
he broke for Kentucky ; that North Carolina was no country for a 
cooper ; he was a cooper by trade. 

By same. Was there any other Samuel Pennington living last August 
in Wayne county? 

Answer. None that I know of. I was present and saw him sworn 
at the late August election. 

By same. How is his vote recorded ? 

Answer. For Mr. Chrisman for Congress. 

By same. Are you acquainted with Marion Stephenson ? If so, tell 
all you know about his residence and moves, if any, made recently. 

Answer. I am acquainted with Marion Stephenson ; in the spring of 
1858 he lived about in my neighborhood ; for several years before that 
he lived in Pulaski, before he came down to my neighborhood ; about 
that time, spring of 1858, he came to me and told me that he had some 
friends living in Indiana who had written to him; that it was a good 
country for a young man, and that he concluded to go there to live ; 
he wanted to work for me to get some money to pay his expenses to 
Indiana. Shortly after this he was missing, and gone until Septem¬ 
ber, 1858, when he came back ; I saw him ; he told me he had been 
living in Indiana; that Indiana was a great place tor a young man, 
but that unfortunately he had gotten into a difficulty out there and 
had to leave there ; that his friends there advised him to leave, and 
that he had no other place to go than to come back to Kentucky, 
where he had acquaintances ; he said he was sorry he had come back 
here; that he intended to leave and go somewhere; that he could do no 
good here; he left soon after the August election, and is gone from 
this country. 

By same. Is or not the name of Marion Stephenson recorded on the 
poll-book No. 6 of Wayne county as voting for J. S. Chrisman for 
Congress at the late August election? 

Answer. I have examined said poll-book, and find the name of Ma¬ 
rion Stephenson recorded on said poll-book as voting for J. S. Chris¬ 
man for Congress at the late August election. 

By same Do you know of any other Marion Stephenson in said 
precinct that lived there at the late August election ? 

Answer. No, sir. 

By same. Did he or not tell you that he voted for Mr. Chrisman in 
that election ? 

Answer. He did so inform me. 

By same. Are you or not acquainted with William Dobkins ? 

Answer. Yes, sir ; slightly. 

By same. Tell all you know about his residence for the last twelve 
months. 


KENTUCKY CONTESTED ELECTION. 


349 


Answer. I never knew him until last March or April, that is March 
or April, 1859 ; a number of my neighbors and myself were at Mill 
Springs, on Cumberland river, or near Cumberland; we heard a steam¬ 
boat coming and went down 1o the river; the boat did not come up to 
Mill Springs; I went back to the store at Mill Springs; soon after that a 
young man came in and reported his name as William Dobkins; said 
he had come up on the steamboat as high as Robertsport, a few miles 
below Mill Springs ; said he had been living at his brother's, in Ten¬ 
nessee; that when he left this country he left from Pulaski county, 
where his father then lived ; said he had been gone three years and 
was inquiring after his father. I told him his father lived in Wayne 
county, on Copenham’s farm ; I also became satisfied from what he 
told me that he had some brothers-in-law living near me ; he went 
with me on towards his brothers-in-law ; the next I saw of him was 
along during the summer working in the neighborhood. 

By same. Did he or not tell you that his home was at his brother's, 
in the State of Tennessee ? 

Answer. As we were going on the road we talked freely, and among 
other things I asked him if he was coming to Kentucky to live ; he 
said he was not; that he was coming in on a visit to see his father ; he 
said his home was in Tennessee at his brother’s. 

By same. Have you or not examined the poll-book for the 6th pre¬ 
cinct of the late August election of Wayne county; if so, for whom is 
the vote of said William Dobkins recorded, if at all? 

Answer. I have examined said poll-book, and find such a name as 
William Dobkins recorded there as voting for James S. Chrisman for 
Congress at the late August election. 

By same. Do you know of any other man than the one mentioned 
who lived in the 6th precinct, Wayne county, at the date of the late 
August election by the name of William Dobkins? 

Answer. No, sir ; I knew of none other of that name in said pre¬ 
cinct at that or any other date. 

By same. Were you or not born and raised in Wayne county, in 
that region of country now composing the sixth precinct of Wayne 
county ? 

Answer. I was born in Wayne county, and in that region composing 
the sixth precinct of Wayne county. 

By same. Are you not well acquainted with all the voters of said 
precinct? 

Answer. I know all the voters on this side of the river, I think, un¬ 
less it is transient persons. 

By same. What is your age? 

Answer. I was born in the year 1821; I am about thirty-eight 
years of age. 

By same. Did you see Win. Dobkins, of whom you have spoken, at 
the voting place at precinct No. 6 at the late August election ? 

Answer. Yes, sir ; he was there the day of said election. 

By same. Have you or not examined the poll-book for precinct No. 

1 of Wayne county for the late August election ; if so, is or not the 
name of Charles Mitchell recorded there as voting for James S. Chris¬ 
man for Congress ? 


3~0 


KENTUCKY CONTESTED ELECTION. 


Answer. I have examined said poll-hook, and find the name of 
Charles Mitchell recorded on the poll-hook of precinct No. 1 of Wayne 
county as voting for James S. Chrisman for Congress at the late 
August election. 

Cross-examined. 

When Samuel Pennington left here, as you have stated, did he 
leave anything here ? 

Answer. Nothing that I know of, except some debts were owing to 
him here, as he told me ; he was trying to sell them. 

By same. If he left debts here owing to him why did you state that 
he left nothing behind. 

Answer. I meant that he left no property. 

By same. What family had he at the time he left here ? 

Answer. He he had a wife and took one step-daughter with him, 
who had been living at Sheaman Tuttle’s. 

By same. The old man SamT Pennington is an extravagant talker, 
that tells all sorts of tales, is he not ? 

Answer. He is a large and extravagant talker, and tells all sorts of 
tales. 

By same. W T hat did he sell before he left ? 

Answer. He had some corn, some wheat, some vinegar, some pails, 
some soap, churns, barrels, hoops, hogs, cattle, farming tools, hoes, 
ploughs, and some plank. 

By same. Did young Seaburn Crutchfield’s father live in this county 
all the time, and in Wayne county ? 

Answer. His father did live in Wayne county all the time, and 
still lives here. 

By same. Did the old man Dohkins, who you told Wm. Dobkins 
was his father, and lived on Copenhaun’s land, ever live in Pulaski? 

Answer. He had lived in Pulaski. 

By same. Do you know that the names of William Dobkins, Samuel 
Pennington, Marion Stephenson, and Seaburn Crutchfield, which you 
have seen on the poll-books, are not the names of other persons than 
the ones you have been swearing about? 

Answer. I know it as well as anything I never saw ; Mr. Penning¬ 
ton told me he voted, and Crutchfield and Stephenson also told me 
they voted, and I don’t know of any other persons of those names. 

By same. Were you not a warm supporter of Wm. C. Anderson? 

Answer. I was. 

JAMES HUTCHISON. 

Also the deposition of Allen R. West, taken at the same time and 
place, being duly sworn : 

By Mr. Anderson’s attorney. Are you or not acquainted with John 
Mixon ; if so, where has he resided for the last two years ? 

Answer. I am acquainted with John Mixon ; he moved upon my 
farm between the 13th and 23d of June, 1858; I went to Indiana and 
returned on the 23d of June, 1858; when I got home he was on my 
farm and assisted me in my harvest; he remained there until Feb- 


KENTUCKY CONTESTED ELECTION. 


351 


ruary or March, 1859; then went to David Simpson’s and remained 
there until after the August election ; he had his family and effects 
with him ; David Simpson’s farm and mine are both in district No. 6 
of Wayne county; said Mixon had been in the district more than 
twelve months before he voted. 

By same. Do you know J. T. Bently? If so, tell where he resided 
and claimed his home before the late August election. 

Answer. I know J. T. Bently, the stage-driver ; he drove the stage 
from Mill Springs to Monticello, both points being in Wayne county; 
this was from May until after the election ; he staid first at my house 
and the next night in Monticello alternately, except Sundays, which 
he spent at my house; this he was compelled to do, as the stage went 
up on Saturday and down to Monticello on Monday; his rest day, 
Sunday, came on at the Mill Springs’ end of his mail line ; for a short 
time before the election the stage stand was changed from my house 
to Weaver’s, and after that he staid at Weaver’s instead of my house. 
I reside near Mill Springs. During that time Bently claimed his home 
to be at Monticello; he, however, had his washing done at my house, 
as he was there always on Sunday. He was at the Mill Springs pre¬ 
cinct the day of the election, and refused to vote there; he said his 
residence and place of voting was at Monticello, Wayne county; I 
think he was at Mill Springs the day of the election. He seemed to be 
active in the election at that place until 12 o’clock, at which time the 
stage usually came to that point from above ; he then drove it on down 
to Monticello, or started off with the stage in that direction ; Mr. 
Gaines drove to Mill Springs from Somerset; Mr. Bently is a young 
man without family. 

Cross-examined. 

By Mr. Chrisman’s agent. Had the said‘Bently ever been in Wayne 
county for any length of time prior to the time he commenced driving 
the stage from Somerset to Monticello ? 

Answer. I never knew him till he commenced riding the mail and 
driving the stage from Somerset to Monticello, some 18 months ago, 
or longer. 

By same. Can you not safely state that he had never been in the 
Mill Springs precinct any length of time prior to the time he com¬ 
menced carrying the mail as aforesaid ? 

Answer. He had never been there prior to that time, I reckon. 

By same. Has or not the said Bently left this county and gone to 
other parts ? 

Answer. He left this county some ten days or two weeks ago, and 
I am informed that he is now driving the stage from Somerset to 
Stanford. 

By same. What reasons, if any, did the said Bently give for claim¬ 
ing Monticello as his home? 

Answer. I do not know that he gave any reasons. 

By same. Please examine the poll-book of precinct No. 1 for the 
August election, 1859, and see if the name of G. B. Vaughn, is not 
recorded thereon ; also examine the poll-book of precinct No. 1 for 


352 


KENTUCKY CONTESTED ELECTION. 


tlie August election, 1858, and see if the name of George B. Vaughn 
is not recorded on it? 

Answer. I have examined said poll-books, and find the name of G. 
B. Vaughn on the one for 1859, and George B. Vaughn on the one 
for 1858. 


A. R. WEST. 


State of Kentucky, Wayne County , ss: 

I, G. W. Mills, presiding judge of the Wayne county court, it 
being a court of record, do certify that the foregoing depositions, (con¬ 
taining two and twenty pages, and paged from one to two hundred 
and twenty, two pages by mistake having the same number,) of 
James Hart, David Sowders, Granville Boyd, Miles Gregory, Peter 
Phipps, Jeremiah Burnet, Timothy Blevins, E. A. Butler, Benjamin 
Adkins, Calvin Adkins, Ezekiel Smith, Ambrose Spradlin, Thomas 
Ryan, James Gibson, Ezekiel Cecil, Mrs. Sarah Horton, William 
Guffey, Benjamin Burk, sr., Bartholomew Lawson, E. S. Van Win¬ 
kle, L. P. Baker, Nancy Massingill, Polly Hughs, John Sloan, sr., 
Thomas H. Lair, Win. B. Lair, J. Marion Perdue, (this last taken by 
consent of the parties to the counsel,) Jabez Edwards, John Fenston, 
John B. Ingram, John M. Morris, H. T. Buck, (or Hutron T. Buck,) 
J. V. Warden, Belfry Woods, A. M. Shepperd, J. S. Van Winkle, 
William Dugger, Sarah Boyd, James Hutchison, and A. R. West, 
and others contained in the foregoing record, (paged as aforesaid,) were 
taken before me, at the court-house in the town of Monticello, Wayne 
county, Kentucky, commencing on the 2d day of December, 1859, and 
continuing the 3d, 5th, and 6th days of said month, on which day, 
the 6th of December, 1859, the same was finally closed ; that said 
witnesses being by me first duly sworn, testified as shown on the fore¬ 
going depositions, the statements of the witnesses affirmed being 
reduced to writing in my presence, and at the place and times aforesaid, 
and in the presence of the agents of the parties to this contest, and 
in the presence of the witnesses, respectively, the statement of each 
witness being first read to them in my presence, and the deposition 
of each witness being attested and subscribed by the witnesses, respec¬ 
tively, in my presence and the presence of the the agents of the parties 
aforesaid, at the time and place aforesaid. 

Said depositions were taken for the purposes mentioned in the cap¬ 
tion to the deposition of James Hart, all of the witnesses having, 
before giving their testimony, been sworn in the case mentioned in 
the caption aforesaid; E. L. Van Winkle and John S. Van Winkle, 
agents and attorneys lor Wm. C. Anderson, and Jos. E. Hays, agent 
and attorney for J. S. Chrisman, being present during the examina¬ 
tion of said witnesses; W. 0. Anderson and James S. Chrisman 
neither being present in person. 

Given under my hand this the 27th day of December, 1859, at my 
office in Monticello. 

G. W. MILLS, 

Presiding Judge of tlie Wayne County Court. 


KENTUCKY CONTESTED ELECTION. 


353 


Judge’s cost for taking depositions, 4 days, $3 per day, $12; 


and issuing 4 subpoenas, 80 cents. $12 80 

Sheriff’s cost for serving 4 notices. 1 00 

Sheriff’s cost for summoning 112 witnesses. 22 40 

Witnesses’ attendance and mileage. 66 85 

Clerk’s seal and certificate. 1 00 

Clerk’s copy boundary of districts. 1 25 


105 30 


Which cost was paid by W. C. Anderson’s agent, except judge’s 
cost not charged. 


g. W. MILLS, 

Presiding Judge of Wayne County Court, 


State of Kentucky, Wayne County Court: 

I, William Simpson, clerk of the county court for the county afore¬ 
said, do certify that G. W. Mills, esq., whose genuine signature 
appears to the foregoing certificate, was at the date of the signing 
thereof and is yet presiding judge of the Wayne county court for the 
county aforesaid, duly elected, commissioned, and qualified as such ; 
that his attestation is in due form of law, and all his official acts as 
such are entitled to full faith and credit. 

Given under my hand and seal of office, at Monticello, this 8th day 
[l. s.l of December, 1859. 

W. SIMPSON, 

Cleric of Wayne County Court, 

The Commonwealth of Kentuclcy to the sheriff or any constable of Adair 
county , greeting: 

You are commanded to summon E. T. Suhlett, Champ Dillingham, 
Ben. Drake, T. E. Bramlette, Z. Wheat, Eli Wheat, Sinclair Wheat, 
W. II. Spencer, A. F. Merriman, W. E. Baker, Joseph Williams, 
Mat. Miller, Jonathan Jones, Bethell Compton, Black Hughes, N. S. 
Wheeler, T. T. Alexander, Joseph Jones, Ely Damron, A. B. 
Nelson, Thomas Dowell, J. B. Yates, Cyrus Judd, George D. Red¬ 
man, George W. Ewing, Randolph Rice, Jacob Jeans, J. P. Owens, 
Stephen Stone, Mat. Parks, C. J. Taylor, William Munday, William 
Curry, Mrs. Stephen Loveall, Joseph Jeans, to appear before me at 
the court-house in Columbia, Adair county, Kentucky, on the 30th 
day of December, 1859, to depose in the matter of contest between 
James S. Chrisman and W. C. Anderson, and this they shall in no 
wise omit under penalty of the law. 

Given under my hand, as presiding judge of the Adair county court, 
December 9, 1859. 

E. T. WILLIS, P. J, 

Summoned William E. Baker, T. E. Bramlette, William H. Spen¬ 
cer, Eli Wheat, G. W. Ewing, William Curry, J. B. Yates, Z. 

H. Mis. Doc. 11-23 











354 


KENTUCKY CONTESTED ELECTION. 


Wheat, Jonathan Jones, Ely Damron, Champ Dillingham, Ben. 
Drake, S. Wheat, Joseph Williams, T. T. Alexander, J. P. Owens, 
C. J. Taylor. 

N. MONTGOMERY, T. M. 


Avon, February 13, 1858. 

Dear Sir : I now write you this to inform you I am well, and hope 
this may find you and your family well. I have been travelling ever 
since I left Adair county, and saw all my friends, and all of them are 
blessed with good health and plenty of everything that persons could 
desire to make them happy. They are surrounded with prattling 
babes, which is more than I can say. None of my relations knew me, 
with one exception, uncle Andrew Fulton. I stayed all night with my 
sister, and she did not recognize me. I have settled myself, and will 
be for a short time at this place. I have no idea of staying here 
longer than I can make arrangements to leave. I could not live in 
Virginia, although my friends are anxious that I should do so. 
Everything looks wrong to me, and the ladies do not look like human 
beings; so, barring any accident, you may look for me in Kentucky in 
April. I can hardly make my arrangements before that time. lean 
make money in this place much easier and faster than I can in Ken¬ 
tucky ; but satisfaction is what the human family needs to make them 
easy in this life, and I won’t stay anywhere unless I am satisfied. I 
want some woman, and intend coming to Kentucky to pick her up. 
When I come I will be prepared to settle all my matters up ; so you 
will let my creditors know that I am still in the land of the living, 
and fat and thriving, and care for nothing and nobody, only my 
friends—them I have particular regard for. I am waiting here to see a 
friend of mine who is absent at this time, and will not be back until 
some time in March. You will please write on reception of this, and 
let me know what is going on in Kentucky generally. Give my re¬ 
spects to your lady and mother, and let them know that I would be 
very glad to see them, and intend to see them very soon. I still call 
Kentucky my home. Tell old man Bradshaw to have that woman 
picked out for me. I send my respects to him and lady, and all my 
acquaintances. 1 will now close by saying I still remain your friend, 
truly, 

JOSEPH P. WILLIAMS. 

Mr. John C. White. 

P. S.—Direct to Avon, Virginia. 


James S. Chrisman : 

And I will, on the 30th of December, 1859, at the court-house in 
the town of Columbia, Adair county, Kentucky, before E. T. Willis, 
presiding judge of the Adair county court, take the depositions of E. 
T. Sublette, Champ. Dillingham, Ben. Drake, Thos. E. Bramlette, Z. 
Wheat, Eli Wheat, Sinclair Wheat, W. H. Spencer, A. F. Merry- 
man, W. E. Baker, Jos. Williams, Mat. Miller, Jonathan Jones, 




KENTUCKY CONTESTED ELECTION. 


355 


Bethel Compton, Black Hughs, M. S. Wheeler, T. T. Alexander, 
James Jeans, Eley Damron, Arch’d Wade, Mat. Sparks, Jeff. Jones, 
James Nelson, A. B. Nelson, Thomas Dowell, J. B. Yates, Cyrus 
Judd, George D. Redmon, G. W. Erving, Walter Irvin, Randolph 
Rice, Zack Jeans, J. P. Owens, Stephen Stone, Mat. Parks, C J 
Taylor, Wm. Mundy, William Curry, (Shanghai,) Mrs. Stephen Ter¬ 
rell, and Jo. Jones—all of which witnesses now reside in Adair county 
except Walter Irvin, who resides in the county of Boyle, Kentucky. 


W. C. ANDERSON. 


Petition to the honorable judge of the Adair County Court: 

We, the undersigned, would most humbly solicit that the following 
alteration be made in the Neatsville and White Oak voting districts* 
so as to place the undersigned in the Neatsville district, many, or 
all of us, living within three or four miles of the latter place, and as 
the district now stands have to go some ten or twelve miles to White 
Oak, viz : beginning at a point on the Stanford road, where John 
Burton now lives ; thence with the road leading to Griever’s mill to 
said mill ; thence a straight line to and excluding Samuel Gowdy’s, 
on Sulphur fork ; thence to Adam Yeiser’s ; thence to the Russell 
county line ; thence with said line to the Casey line, &c. 


Samuel Pendleton. 
Sandy H. Jones. 
Levi Jones. 

George W. Loveall. 
Joseph Pendleton. 
James Roberts. 
John Wadmore. 


James Loveall. 
Charles H. Jones, 
Samuel Gowdy. 
John C. Smith. 
Stephen Loveall. 
Micajah Loveall. 


State of Kentucky, Adair County , set: 

At a county court began and held for the county of Adair, at the 
court-house in Columbia, on Monday, the 5th day of June, 1854, on 
the motion of Samuel Pendleton, Sandy H. Jones, Levi Jones, George 
W. Loveall, Joseph Pendleton, James Roberts, John Wadmore, 
James Loveall, Charles H. Jones, Samuel Gowdy, John H. Smith, 
Stephen Loveall, and Micajah Loveall, this day filed, ordered that 
the line dividing the White Oak and Neatsville districts in Adair 
county he altered as follows, to wit: beginning at a point on the 
Stanford road, where John Burton now lives ; thence with the road 
leading to Griever’s mill to said mill; thence a straight line to and 
excluding Samuel Gowdy, on Sulphur fork ; thence to Adam Yeiser’s; 
thence to the Russell county line ; thence with said line to the Casey 
county line. 

State of Kentucky, Adair County , set: 

I, Sinclair Wheat, clerk of Adair county court, do certify that the 
foregoing are true and correct copies of the petition, and order of court 
made in relation thereto, of John Woodmore, &c., for a change of 


356 


KENTUCKY CONTESTED ELECTION. 


voting place. In testimony whereof, I have hereunto set my hand 
this 30th day of December, 1859. 

SINCLAIR WHEAT, 

Clerk of Adair County Court. 

The statement and deposition of George W. Ewing, taken on the 
30th day of December, 1859, at the court-house in the town of Colum¬ 
bia, Adair county, Kentucky, before E. T. Willis, presiding judge of 
the Adair county court, to be read as evidence in the contested elec¬ 
tion in Congress between William C. Anderson, the sitting member, 
and James S. Chrisman, the contestant; said statements to be read 
on the part of said Anderson. 

Witness, after being first duly sworn, in answer to verbal interrog¬ 
atories, as per agreement of the attorneys for the parties, says : 

I am acquainted with Benjamin F. Allen, of Adair county ; he lives 
in the White Oak precinct, to the best of my knowledge; I am ac¬ 
quainted with the reputed lines of said district ; the Stanford road is 
that line. He lived there at the time of the August election, 1859 ; 
he has never lived out of the White Oak district since I knew him. I 
know that Samuel M. Baker voted at the Columbia district, and he 
voted the opposition ticket throughout, and for William C. Anderson, 
at the last August election. I was one of the judges of the election at 
the last August election at the Columbia precinct, Adair county. I 
saw Samuel Years ; he stated that that he left the Walnut Flat, Lincoln 
county, Kentucky, and went to Indiana, with the intention of living 
there if he liked the country. He stated to me that he had the chills 
there and he did not like the country, and he left and came back to 
Kentucky. 

Cross * examined . 

After the said Years was sworn he was permitted to vote. I was 
present when the said Years’ deposition was taken, and his statement 
was not the same as when sworn at the election in August last. The 
only reason that I have for believing that Benjamin F. Allen lives in 
the White Oak district is that he lives to the right of the Stanford 
road, and my understanding is that the road is the line between White 
Oak and Neatsville districts, up to four or five miles above the said 
Allen. I have no doubt that William P. Williams is a legal voter at 
the Neatsville district ; he lives on the right of the Stanford road. 
My understanding is, that line runs between John G. Gadbury and 
the Samuel Pendleton farm ; all above that line go to Neatsville dis¬ 
trict to vote ; my understanding is that all below go to White Oak. 
Lives at the Woodmore farm, and has married the widow Woodmore. 

G. W. EWING. 

Also the deposition and statement of A. B. Nelson, taken at the 
same time and place, and for the same purpose; he being first duly 
sworn, says: 

He is acquainted with William Woodward and knows that he was 
not entitled to a vote in that district at the last August election. He did 


KENTUCKY CONTESTED ELECTiON. 


357 


not claim the district as his place of residence sixty days before the 
election. In a conversation I had with William Woodward he said 
that he did not claim as his home the Gradyville district between his 
two schools, he having taught two schools of three months each in 
that district; and he told me that his home was in Hart county, from 
the expiration of his first school to the commencement of his second. 
He had not resided in the Gradyville district, Adair county, Kentucky, 
sixty days before the last August election. 

Cross-examined. 

I don’t know of my own knowledge that William Woodward voted 
at the last August election, but he said he had a right to vote there, 
and did vote there, as he informed me. 

A. B. NELSON. 

Also the deposition and statement of Blackamore Hughes, taken at 
the same time and place, and for the same purpose; he first being duly 
sworn, deposes and says : 

I know James Baner; he voted at the Gradyville district, in Adair 
county ; can’t say that he lived in said district or not; learned that 
he lived at T. G. Walker’s, in the East Fork district, until a short time 
before the August election ; can’t say that he lived in the Gradyville 
district sixty days before the last August election or not. I know 
William Woodward ; he voted at the Gradyville district, in Adair 
county, for Jas. S. Chrisman at the last August election ; he is the same 
Wm. Woodward that A. B. Nelson speaks of in his deposition. I was 
one of the judges of the election at Gradyville district, in Adair county, 
the last August election. I know Bethel Compton; he lives in said dis¬ 
trict ; he had a ticket and handed it in ; his vote was not recorded for 
William C. Anderson. I know James W. Nelson ; he lives at my 
house ; has been living there for two years, with the exception of when 
he went west; he went with the intention of returning ; left all of his 
effects in this county in the hands of F. A. W. Robinson ; was to have 
been back sooner than he was ; he voted last May in the Gradyville 
district and has been here ever since. He was born in the bounds 
and has lived in the same all his life, that is, the Gradyville district, 
Adair county. He went west with the intention of returning, and he 
considered this his home when absent. 

Question. State whether or not Bethel Compton voted for Anderson 
at the Gradyville precinct in August last. Give the fact, not his un¬ 
derstanding. 

Answer. I do not know as Bethel Compton voted. He had a ticket, 
and handed it to the sheriff, and went away. He soon returned, and 
asked the question whether his vote was recorded for Anderson ; if 
not, he wanted his vote recorded for Anderson; when some of the 
officers of said election told him he was too late, and his vote was not 
recorded for Anderson or Chrisman. 

B. HUGHES. 

Also the deposition and statement of N. S. Wheeler, taken at the 
same time and place, and for the same purpose ; he being first duly 
sworn, says: 


358 


KENTUCKY CONTESTED ELECTION. 


I am acquainted with Jesse Dooley ; he voted for William C. An¬ 
derson at the last August election, at the Harmony precinct, Adair 
county. In the month of January, 1859, he came with Daniel Epper¬ 
son to said district. He worked with J. T. Curry about the month 
of March, 1859 ; and he told me that he went with a man by the 
name of Vickery to Wayne county, Kentucky, and remained there 
about two or three weeks, and returned back to the said Curry’s; and 
I saw him several times passing about in the neighborhood. He told 
me that he made Daniel Epperson’s his home, and that he was going 
down on the East fork to work for Hiram Royse. I never saw him from 
that time until about two weeks before the August election, 1859. 
He said that Daniel Epperson’s was his home sixty days previous to 
the August election. He claimed the Harmony district as his home 
from about January, 1859, up to the August election. His vote was 
challenged at said election, and he offered to swear that it had been 
his home over sixty days previous to said election, and the judges 
permitted him to vote without swearing him. I saw Irvin Keeton 
and John Green at said election, and they voted for James S. Chris- 
man, in the Harmony district, Adair county. There are no other 
persons in said district, who voted, of that name that I know of. 

Cross - examined . 

I have not seen Jesse Dooley since the August election, and I do 
not know where he has been since that time. He told me that he had 
been at work for Abner Boston and Hiram Royse, and Royse lives in 
the East Fork district, Adair county, and Boston in the same neighbor¬ 
hood. I can’t say which county Boston lives in, Adair or Barren. 

N. S. WHEELER. 

Also the deposition and statements of Chesley J. Taylor, taken at 
the same time and place, and for the same purpose, he being first 
duly sworn, deposes and says : 

I am acquainted with A. F. Merriman. My recollection is that he 
came to Adair county and to Columbia some time about November, 

1858, and remained in Columbia until after the August election, 

1859. 


Cross - examined . 

His occupation was that of an itinerant dentist, and he advertised 
to stay some time when he came. 

Re-examined . 

I have always understood that the Creelsburg road was the original 
line between the White Oak and the Harmony districts, and, from 
my knowledge of the line, William Walkup lives in the Harmony dis¬ 
trict, and did at the August election, 1859 ; but I understood when 
he lived on his old farm he had his voting place changed from the 
Harmony precinct to that of White Oak precinct, hut since that time 


KENTUCKY CONTESTED ELECTION. 


359 


he has bought land adjoining his farm, and built a new house upon 
said land, and moved to it; and said house where he now lives is in 
the Harmony district, and he has been living in the same for one year 
or more. 


Cross-examined. 

I am acquainted with Sinclair Wheat, and he is clerk of the county 
court of Adair county, Kentucky. And the copy filed herewith, 
marked A B, is attested in his handwriting. 

C. J. TAYLOR. 

Also the deposition and statement of William H. Spencer, taken at 
the same time and place, and for the same purpose, he being of proper 
age, and being first duly sworn, says : 

I was the clerk of the Columbia precinct, Adair county, Kentucky, 
at the election in August, 1859. I am personally acquainted with 
Samuel M. Baker, who voted at said precinct at said election, and 
whose vote was improperly put down to both Chrisman and Anderson. 
S. M. Baker voted for Anderson, and I so recorded it, but, through 
mistake, recorded it for Chrisman also. Said Baker was a warm 
political friend of Anderson during the canvass between him and Chris¬ 
man, and at the time of said election, and is now, as I believe, a warm 
friend to him politically. I am of the same political faith as Ander¬ 
son, and voted for him. The mistake in recording Baker’s vote was 
wholly an oversight on my part. 

W. H. SPENCER. 

Adjourned to to-morrow morning at 9 o’clock. 

E. T. WILLIS, P. J. A. C. C. 

Also the deposition and statement of Thomas E. Bramlette, taken 
on the 31st day of December, 1859, (agreeably to adjournment,) at 
the same place and for the same purpose ; the witness, having been 
first duly sworn, says : 

I am acquainted with Dr. A. F. Merriman. My acquaintance com¬ 
menced in 1856. He then resided in Lincoln county, Kentucky. He 
was residing at Stanford, Kentucky, at the time I held the first court 
September, 1856. He continued to reside there until in the fall of 
after my election in 1856 ; the court commenced the second Monday in 
1858, when he came to Columbia, Kentucky—I think in November, 
1858. He continued to reside in Columbia, having his family board¬ 
ing at the Baker Hotel, and keeping an office on the public square, 
until in the fall of 1859, when he went to Burksville, Kentucky, where 
he now is or was recently. Columbia is in Adair county, Kentucky. 
Dr. Merriman is a dentist, or dental surgeon by profession and prac¬ 
tice. 


Cross-interroga tories . 

Deponent says, that he saw Doctor Merriman at the Casey circuit 
about the 1st of November, 1858, and learned from him that he was 


360 


KENTUCKY CONTESTED ELECTION. 


coming to Columbia, and gave the doctor a recommendation ; he was 
then coming on a professional trip. When deponent reached home, 
or within a few days after, he found Doctor Merriman at Columbia. 
In subsequent conversations, deponent learned from Doctor Merriman 
that he sometimes thought of going to Lebanon, Kentucky, to settle, 
sometimes of returning to Stanford, and sometimes of remaining in 
Columbia. He seemed to be undecided as to the point of permanent 
location. 

And further deponent saith not. 

THO. E. BRAMLETTE. 

Also the deposition and statement of Zachariah Wheat, taken at 
the same time and place and for the same purpose; the deponent being 
of lawful age, and first duly sworn, upon verbal interrogatories, 
says: 

I am acquainted with A. F. Merriman, dental surgeon. Several 
years ago—I think as early as the year 1855—whilst attending the 
Lincoln circuit court, at Stanford, Kentucky, I first became acquainted 
with said Merriman, who then boarded at the same hotel where I 
boarded during the courts ; afterwards I saw him at Hustonville, in 
the county of Lincoln. From about the first or the forepart of January, 
1859,1 saw said Merriman and his wife and child at Baker’s Hotel, in 
Columbia, Adair county, Kentucky. Said Merriman and family 
remained in Columbia, Adair county, Kentucky, until after last Au¬ 
gust election. I often saw him whilst in Columbia, and know that he 
claimed his residence here some time before the election, and that he 
had resided here in Columbia for at least six months before the elec¬ 
tion ; how much longer I do not know, as I was absent from here from 
sometime in the fall of 1858 until in the forepart of January, 1859. 
I do not know that Merriman ever intended to make Columbia his 
permanent home, or that he did not; I know that some time after the 
election aforesaid, he, with his family, went to Burksville, Kentucky, 
where he remained until the forepart of this month, when I saw him. 
He may be there yet, for I left him there. 

And further saith not. 

Z. WHEAT. 

Also the deposition and statement of Joseph Williams, taken at the 
same time and place and for the same purpose. After being first duly 
sworn, he says, upon verbal interrogatories: 

I have been a resident of this, Adair, county, Kentucky, since the 
date of 1849, and a resident of this, Columbia, district, since 1854, and 
have claimed this as home ever since that time. I left for Virginia, 
but merely went on a visit ; returned the 11th day of May last ; re¬ 
mained in this district until the day of election. This, Columbia, dis¬ 
trict has been my home and place of residence ever since the aforesaid 
date, 1856. I started to Virginia in December, 1857, with the inten¬ 
tion of returning to this State as soon as I could get some business 
arranged, but with no intention of remaining in that State. I went 
to visit my relations; also had some business. I did write to John C. 


KENTUCKY CONTESTED ELECTION. 


361 


White a letter, dated the 13th of February, 1858, and enveloped and 
directed it to him at Columbia, Adair county, which letter is here 
filed, (marked D C,) and made part of this statement. This (Colum¬ 
bia, Adair county) district has been my permanent residence since 
1856 up to this time, and is still my home and residence. I voted for 
iVilliam C. Anderson at the last August election. 

Cross-examined . 

When I came back from Virginia it was not my intention to return. 
On the evening that I returned I have no recollection of having any 
conversation with W. H. Cheatham. I did not vote whilst I was in 
Virginia. 

JOSEPH P. WILLIAMS. 

Also the deposition and statement of C. T. Dillingham, taken at the 
same time and place and for the same purpose; he being of lawful 
age and first duly sworn, says : 

I have some acquaintance with Joshua Prewit, who now lives in 
the Neatsville district of Adair county, Kentucky, according to my 
understanding of the boundary of that district. I am now and have 
been constable of that district for several years past, and think I am 
acquainted with the district and its boundary and inhabitants. Joshua 
Prewit told me that he was from the State of Tennessee. Said Prewit 
did not live in Adair county twelve months previous to the August 
election in 1859 ; he, Prewit, did not live in the White Oak district 
at the August election. 

Cross-examined. 

I am acquainted with B. F. Allen, and think he lives in the Neats- 
ville district. Said Allen lived in the Neatsville district sixty days 
previous to the August election in 1859. 

C. T. DILLINGHAM. 

Also the deposition and statement of William J. Watson, taken at 
the same time and place, and for the same purpose; he being of lawful 
age and first duly sworn, says: 

I am acquainted with Morgan Simpson ; he lived in the Neatsville 
district, in Adair, at the last August election. Mr. Morgan Simpson 
told me on the morning of the last August election, 1859, that he 
was not a legal voter, and stated that he was under the age of twenty- 
one years ; from his appearance, he seemed to be less than twenty-one 
years old. 

Cross-examined. 

He was not known by any other name than Morgan Simpson that I 
know of. If he voted I do not know of my own knowledge. 

W. J. WATSON. 


362 


KENTUCKY CONTESTED ELECTION. 


State of Kentucky, Adair County, set: 

I, Edmund T. Willis, presiding judge of the Adair county court, 
do certify that the foregoing depositions and statements of Gr. W. 
Ewing, A. B. Nelson, Blackamore Hughes, N. S. Wheeler, Cheslea 
J. Taylor, William H. Spencer, Thomas E. Bramlette, Zachariaft 
Wheat, Joseph Williams, C. T. Dillingham, and William J. Watson, 
were taken by and before me, by verbal interrogations, by the consent 
of the agents and attorneys of the parties to this contest, and the tes¬ 
timony and statements of said witnesses were caused to be reduced to 
writing in my presence and in the presence of the agents and attor¬ 
neys of the parties to this contest, who were present during the exam¬ 
ination of each of said witnesses, and said depositions and statements 
of said witnesses were subscribed and attested by said witnesses res¬ 
pectively in my presence and in the presence of said attorneys ; each 
of said witnesses were first duly sworn by me before making their 
aforesaid statements, and their said depositions were taken at the 
time and place and for the purposes mentioned in the captions herein. 

All of which is hereby certified by me, as the presiding judge of the 
Adair countv court, this, the 31st day of December, 1859. 

E. T. WILLIS, P. J . A C. C. 


William C. Anderson : 

Sir : You are notified I will appear before the House of Represent¬ 
atives of the Congress of the United States at their next session, and 
contest your right to a seat as a member of that body for and during 
the 36th Congress of the United States for the fourth congressional 
district of the State of Kentucky, claiming that at the election held 
in said fourth congressional district for the State of Kentucky on the 
first day of August, 1859, for member of Congress to represent said 
district for and during the 36th Congress of the United States, I 
was duly and lawfully elected, by the legal vote of the people, qualified 
to vote, to said office. Your right will be contested on the following 
grounds: 

1. A majority of the votes polled at said election between us were 
for me and against you. By a mistake made by the county board for 
examining poll-books for the county of Cumberland in said district, 
they certified to the State board a smaller number of votes for me than 
I actually got, and a larger number of votes for you than you actually 
got at said election in said county of Cumberland ; and although in 
due and proper time this mistake was corrected by an amended and 
supplemental certificate and return of the county board duly trans¬ 
mitted to the State board, the latter, in their canvass and estimate of 
the votes of said district in said election, had no regard to the said 
amended certificate, and improperly and unlawfully disregarded the 
same, when, if it had been regarded, my majority would have been 
seven votes, according to the face of the poll-books as they stand. 

2. I received a majority of the legal votes polled at said election 
between us in said congressional district. 



KENTUCKY CONTESTED ELECTION. 


363 


3. Divers votes were, by fraud or mistake of the officers of the elec¬ 
tion, recorded on the poll-books for you , when such votes had been 
actually cast for me. 

4. Divers voters who came to the polls at divers voting places in 
the district, being good voters, legally qualified and entitled to vote, 
'desiring and offering to vote for me, were improperly and unlawfully 
denied by the officers of the election the right of voting, and rejected 
and unlawfully prevented from voting when they would have voted 
for me. 

5. Divers persons not qualified by law, some by reason of not having 
resided sixty days in their voting precinct next before the election, 
one year in the county, or two years in the State ; others by reason 
ot not being free white male citizens over twenty-one years old, as 
required by the constitution and laws of Kentucky, at the various 
voting places in the district, and at each voting place in said district, 
were unlawfully permitted to vote for you against me in said election. 

6. Divers persons were unlawfully permitted to vote twice for 
you at the same election. Persons who voted for me were, by fraud 
or mistake, recorded for both of us. 

*7. Persons were unlawfully permitted to vote for you who were 
disfranchised and deprived of the right of suffrage by reason of 
having been convicted of high crimes and misdemeanors. 

8. Persons who were not citizens of the United States were unlaw¬ 
fully permitted to vote for you against me in said election. 

9. Certain poll-books of said election, and particularly the poll-book 
of district No. 1, in the county of Boyle, have been fraudulently 
altered, mutilated, and changed since the election, and since they 
were certified and delivered by the officers of the election, and prior 
to the issuing of the certificate to you by the State board, whereby 
your vote was apparently increased and mine diminished. 

10. Legal voters voted for me at said election, and after their votes 
had been recorded for me their names and votes were unlawfully and 
improperly stricken from the poll-book. 

11. All the votes recorded for me at the various voting places in 
said district at said election were legal and qualified voters, and their 
vote for me rightly recorded. 

12. I object to, challenge, and insist upon striking off the following 
named persons, whose names are recorded on the poll-books of the 
various voting places in said district at said election, and for the 
reasons assigned next to the names of each, to wit: 

Ivory Thompson—Because he did not reside in the State, county, 
or precinct in which he voted, for the time required by law. 

0. Timmy, jr.—-Because he is a foreigner by birth and not a citizen 
of the United States, not having been naturalized. 

Enoch Phelps—Because he was not a resident of the precinct in 
which he voted, at the time he cast his vote. 

Abraham Mounce—Because he was not twenty-one years of age at 
the time he voted. 

Joseph Wallen, jr.—Because he was not twenty-one years of age at 
the time he voted. 


364 


KENTUCKY CONTESTED ELECTION. 


W. M. Adams—Because he did not reside in the county or precinct 
at which he voted, when his vote was cast. 

Wm. Gibson—Because he did not reside in the State, county, or 
precinct in which he voted, for the time required by law. 

W. F. alias Frank Patterson—Because of the same reasons as 
last above stated. 

E. McNair—Because of the same reasons as last above stated. 

Richard Burnett—Because of the same reasons as last above stated. 

Wm. Mounce—Because of the same reasons as last above stated. 

Peter Waddle—Because he was not twenty-one years old at the 
time he voted. 

Randolph Meridith—Because he was not a resident of the State, 
county, or precinct in which he voted, for the time required by law. 

A. L. McGhee—Because of the same reasons as last above stated. 

R. Phelps—Because of the same reasons as last above stated. 

Tyre Turpen—Because of the same reasons as last above stated. 

A. E. Massey—Because he was not twenty-one years of age at the 
time he voted. 

James Massy—Because of the same reason as last above stated. 

William Davis—Because he was not a resident of the State, county, 
or precinct in which he voted, for the time required by law. 

John Fenston—Because of the same reasons last above stated. 

Benjamin F. Taylor—Because of the same reasons last above stated. 

Bales Baugh—Because he was not twenty-one years old at the time 
he voted. 

Nelson Davis—Because he was not a resident or citizen of the State, 
county, or district in which he voted, for the period of time required 
by law. 

James Lowe—Because he was not twenty-one years of age at the 
time he voted. 

David Lowe—Because of the same reason as last above stated. 

William Massengal—Because he was not twenty-one years of age 
at the time he voted. 

William Crabtree—Because he was not a resident of the State, 
county, or precinct in which he voted, for the time required by law. 

Shadrack Blevins—Because he was not a resident of the State, 
county, or precinct in which he voted, for the time required by law. 

Joseph Roberts—Because he was not twenty-one years of age at the 
time he voted. 

Isaac Harden—Because he was not a resident of the State, county, 
or precinct at which he voted, for the period of time required by law. 

Elijah Spradlen—Because of the reasons last above stated. 

Harden Stevens—Because he was not twenty-one years of age at the 
time he voted. 

George Sumpter—Because he was not a resident of the State, county, 
or precinct in which he voted, for the period of time required by law. 

John Horton—Because ol the same reasons last above stated. 

Carey Abner—Because of the same reasons last above stated. 

Bartholomew Lawson—Because of the same reasons last above 
stated. 

James Lawson—Because of the same reasons last above stated. 


KENTUCKY CONTESTED ELECTION. 365 

John Rollens—Because he was not twenty-one years of age at the 
time he voted. 

J. H. D. Floyd—Because of the same reason last above stated. 

Simeon Marcum—Because he did not reside in the State, county, or 
district in which he voted, for the time required by law. 

P. H. Clark—Because he is not a free white man, is of mixed blood, 
being at least one-fourth of African or negro blood. 

S. W. Hunter—Because he was not a resident of the State, county, 
or district in which he voted, for the period of time required by law. 

Lewis Gwinn—Because of the same reasons last above stated. 

George Westmoreland—Because of the same reasons last above 
stated. 

John Westmoreland—Because of the same reasons last above stated. 

Anderson Maynard—Because of the same reasons last above named. 

James C. Hancock—Because of the same reasons last above stated. 

Joseph C. Pace—Because of the same reasons last above stated. 

Thomas Rhodesmend—Because of the same reasons last above 
named. 

John Hardeson—Because he was not twenty-one years of age at the 
time he voted. 

Thomas A. Vaughn—Because he was convicted, sentenced to and 
confined in the Kentucky penitentiary for larceny, by the judgment of 
the circuit court of Cumberland county in 185G, and thereby dis¬ 
franchised. 

Joseph Brummett—Because he was not twenty-one years of age 
when he voted. 

James M. Cloyd—Because he was not a resident of the State, county, 
or precinct in which he voted, for the time required by law. 

James Brummett—Because of the reasons last above stated. 

G. F. Dowell—Because he was not twenty-one years of age, and 
not a resident of the State, county, or precinct in which he voted, for 
the period of time required by law. 

J. M. Glide well—Because he was not a resident of the State, county, 
or precinct in which he voted, for the time required by law. 

Burton Smith—Because of the same reasons last above stated. 

William Sevier—Because he was not twenty-one years old when he 
voted. 

Thomas Roy—Because he was not twenty-one years old when he 
voted. 

William Wright—Because he was not a resident of the county or 
district in which he voted. 

Jesse Dulley—Because he lives, and at the time he voted did live, 
in Barren county, not in the district; and because he voted both in 
the Elliott precinct, in Cumberland, and at “ Harmony,” in Adair. 

Wiley Summers—Because he was not twenty-one years of age at 
the time he voted. 

James B. Elder—Because he was not a resident of the State, county 
or precinct in which he voted, for the time required by law. 

William Bacon—Because of the same reasons last above stated. 

R. W. Stephenson—Because of the same reasons last above stated. 

George Beddow—Because of the same reasons last above stated. 


366 


KENTUCKY CONTESTED ELECTION. 


Samuel D. Barnet—Because of the same reasons last above stated. 

James Patton—Because of the.same reasons last above stated. 

Joseph McNull—Because of the same reasons last above stated. 

James Bless—Because of the same reasons last above stated. 

Alexander Martin—Because of the same reasons last above stated. 

Pink Grady—Because he was not twenty-one years of age at the 
time he voted. 

B. F. White—Because of the same reason last above stated. 

Isaac Graham—Because he was not a resident of the State, county, 
or district in which he voted, for the period of time required by law. 

K. Mary—Because of the same reasons last above stated. 

Charles King—Because of the same reasons last above stated. 

William Tuggle—Because of the same reasons last above stated. 

H. L. Carpenter—Because of the same reasons last above stated. 

A. J. Reynolds—Because of the same reasons last above named. 

Joseph Williams—Because of the same reasons last above named. 

A. F. Merriman—Because of the same reasons last above named. 

G. W. Nelson—Because of the same reasons last above named. 

J. H. Cranch—Because of the same reasons last above named ; and 
because he was convicted, sentenced, and confined in the penitentiary 
of Tennessee for felony, and thereby disfranchised. 

James W. Banks—Because he was not a citizen of the State, county, 
or precinct in which he voted, for the time required by law. 

James Nell—Because he was not a resident of the State, county, or 
precinct in which he voted, for the time required by law. 

James P. Wright—Because of the same reasons last above named. 

A. B. Cox—Because of a total absence of every qualification re¬ 
quired by law. 

William S. Matthews—Because he was not a resident of the county 
or precinct at which he voted, for the time required by law. 

Francis Wright—Because he was not twenty-one years of age when 
he voted. 

William Bakes—Because he was not a resident of the State, county, 
or precinct in which he voted, for the time required by law. 

William T. Martin—Because of the same reasons last above stated. 

Robert Buchanan—Because of the same reasons last above stated. 

John Griffin—Because of the same reasons last above stated. 

Elisha Berry—Because of the same reasons last above stated. 

W. A. Wood—Because of the same reasons last above stated. 

Preston Satterfield—Because he was not twenty-one years of age 
at the time he voted. 

Stephen Wilson—Because of the same reason last above stated. 

Jesse Wright—Because he was not a resident of the State, county, 
or precinct in which he voted, for the period of time required by law. 

William Collins—Because of the same reasons last above named. 

Nathan Lawhorn—Because he was convicted, sentenced, and con¬ 
fined in the Kentucky penitentiary for felony, and thereby disfran¬ 
chised. 

G. M. Brown—Because he was not twenty-one years of age when 
he voted. 


KENTUCKY CONTESTED ELECTION. 367 

T. W. Lukins, alias Lumpkins—Because of the same reasons last 
above assigned. 

T. R. Tucker—Because he was not a resident of the State, county, 
or precinct in which he voted for the time required by law. 

▼. P. Moore—This voter voted for me ; but, by mistake of the clerk, 
his vote was recorded for both of us. I shall claim that his vote be 
counted for me, and erased from your poll. 

The following persons voted for me, and their votes so cried by the 
sheriff, but the clerk omitted to record them for me: 

William Davis, Jackson D. Richardson, William R. Cumbass. I 
shall claim that their names be added to the list of persons voting for 
me. 

Wiley Turner—I shall also claim that the vote of Wiley Turner be 
added to the list of those voting for me, because, after he had so voted, 
the judges and clerk of the district at which he voted, erased his name 
and vote without just reason ; he being a legal voter. 

Anderson Hare—I shall also claim that the vote of Anderson Hare 
be counted for me, he having offered and demanded to vote for me, 
hut was refused by the judges without good reason, he being a legal 
voter. 

I shall also object to, challenge, and insist upon striking off the 
votes of the following other persons whose names are recorded on the 
poll-books of the various precincts in said district at said election, 
and for the reasons assigned next to the names of each, to wit: 

John Surcy—Because he did not reside in the State, county, or pre¬ 
cinct in which he voted for the time required by law. 

William Beasley—Because he did not reside in the State, county, 
or precinct in which he voted, for the time required by law. 

George Tate—Because of the same reasons last above stated. 

Benj. Bruner—Because of the same reasons last above stated. 

George N. McNeil—Because of the same reasons last above stated. 

C. C. McClure—Because of the same reasons last above stated. 

James T. Haley—Because of the same reasons last above named. 

E. Preston—Because of the same reasons last above named. 

Zachariah Price—Because of the same reasons last above named, 
and because he w r as not twenty-one years of age when he voted. 

Edward Jones—Because he is an idiot and incapable of voting. 

George D. Masonheimer—Because he did not reside in the county 
or precinct in which he voted, for the time required by law. 

Lee Yager—Because of the same reasons last above named. 

I shall also claim and insist that the votes of the following named 
persons, who are recorded as having voted for you , be counted for 
me, and added to my poll, because in fact they voted for me, and by 
mistake of the clerk or otherwise they are made on the poll-books to 
vote for you, viz : 

Nelson Pendergaft, Nat. Harmon, Geo. W. Crane, George Jones, 
Samuel Leffew. 

I shall also object to and insist upon rejecting the poll-books and 
all the votes recorded at the Ireland precinct in the county of Taylor, 
because the officers of said election, who conducted and held the same, 


368 


KENTUCKY CONTESTED ELECTION. 


nor either of them, were sworn according to law, nor was the said 
poll-hook certified by the officers as required by law. 

I shall also object to and insist upon rejecting the poll-book and all 
the votes given at the 7th district in the county of Wayne, for the 
same reasons as last above assigned. 

JAMES S. CHRISM AN. 

Danville, September 19, 1859. 

State of Kentucky, to wit : 

The undersigned, Wm. R. Taylor, states that he delivered to Wil¬ 
liam C. Anderson, the person to whom the within and foregoing 
notice is addressed, a true copy of the said notice on the 20th clay of 
September, 1859. 

W. R. TAYLOR, M. T. D. 

Sworn to by the above-named subscriber before me, clerk of the 
Boyle county court, this 20th September, 1859. 

JAMES F. ZIMMERMAN, C. B. 0. 0. 


James S. Chrisman: 

Sir: I have received a paper purporting to be a notice contesting 
my right to a seat in the 36th Congress of the United States from the 
fourth district of Kentucky. You are notified that I shall object to 
the said notice, and ask for its quashal upon the following grounds: 

First. It does not give the residence of the voter who is challenged. 

Second. It does not give the county or precinct in which the vote 
was cast. 

Third. It does not state particularly the grounds upon which you 
rest the contest, as required by the act of Congress. 

In response to paragraph No. 1 in your pretended notice, I deny 
that the majority of the votes polled at the August election, 1859, 
were given for you. 

I deny that, by a mistake made by the county board of Cumberland 
county, you received a smaller number of votes than were really cast 
for you, and I a larger number than w T ere cast for me. I state the 
facts to be as follows: The poll-books of Cumberland county were 
certified, (although some of them illegally, of which I shall speak 
hereafter,) sealed, and delivered as required by the law entitled 
‘ ‘ Elections , 77 Revised Statutes of the State of Kentucky , pages 283 to 303, 
inclusive. The said poll-books were opened at the time required by 
law, and by the proper officers, and certificates of the votes cast wero 
duly transmitted to the State board at Frankfort, and upon a compari¬ 
son of the vote sent the said State board, upon all the returns sent in, 
according to law, at the proper time, awarded me the certificate of 
election. Before the said certificate was granted the result was pub¬ 
lished in the public newspapers, by which I received a majority of three 
votes, and so soon as said publications were made, it was pretended 
that a mistake of ten votes had been made against you at the Kettle 
Creek precinct, in Cumberland county. It is true that an amended 



KENTUCKY CONTESTED ELECTION. 


369 


certificate, signed by only two of the examiners of Cumberland county, 
was sent to the State board at Frankfort, and they refused to receive 
the same, upon the ground that the county board" had no right to re¬ 
assemble after the time fixed by law, and amend a certificate once 
transmitted and made out at the proper time; they were, to all intents 
and purposes, functus officio. Before, however, the amended return 
was sent from Cumberland county, a mistake, to my prejudice, of 
four votes, was discovered on the poll-books of Boyle county, and an 
amended return, stating this fact, transmitted by the county board of 
Boyle to the State board at Frankfort; and when this fact was made 
public in the district that such an amendment had been sent, nearly 
every democrat in the community, and yourself included, stated that 
it would be a gross outrage for the State board to receive additional 
returns after the official vote had once been sent in. It was then 
supposed that the vote between us was a tie; and by the laws of Ken¬ 
tucky in such cases, the casting of lots was required, and your chances' 
for an election would have been equal with my own. When you and 
your friends, however, heard of this pretended mistake in Cumber¬ 
land, you shifted positions, and contended that the board ought to 
receive amended returns. ‘ 1 The case being altered, altered the case . 17 
I contend that the State board at Frankfort acted lawfully and prop¬ 
erly, and I refer you to their published statement, signed by the gov¬ 
ernor, secretary of State, and attorney general of Kentucky. 

I do not know, and do not admit, that the mistake that you com¬ 
plain of occurred. It may be true, according to the books as they 
now stand, that such a mistake was made, but it is exceedingly strange 
that the mistake was not discovered for nearly two weeks after the 
comparison of the polls, and that comparison, too, made in the pres¬ 
ence of a number of your friends, who aided in the addition of the 
books, and also after it was ascertained from the returns sent in that 
I was elected by a majority of three votes. If, however, the mistake 
really did occur, I notify you that mistakes of a similar character, and 
others of a different character, were made against me, of which I will 
speak more particularly hereafter. I deny the charges made in para¬ 
graph No. 1 of your pretended notice. 

I deny the charges in paragraphs 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 
12 of your said notice. 

I deny that the persons you have named as voting for me were il¬ 
legal voters, as I will make fully to appear by the proof in proper 
time. 

I shall, upon the trial of the contest, challenge and insist upon strik¬ 
ing off the votes of the following named persons, recorded on the poll- 
books at various precincts in the district, and for the reasons set forth 
next to the name of each: 

1. Henry M. Antle or Antell—who voted in White Oak district, in 
Adair county; because he lived in the county of Russell. 

2. R. M. Barnard—who voted at White Oak district, in Adair 
county; because he had not been in the county, State, or precinct for 
the time required by law. 

H. Mis. Doc. 11-24 


370 


KENTUCKY CONTESTED ELECTION 


3. George Simpson—who voted at White Oak district, in Adair 
county; for the same reasons as above. 

4. Ben. F. Allan—who voted at the Neatsville district, in Adair 
county; because he was a resident of and lived in the White Oak 
precinct. 

5. Milton Polly—who voted at White Oak precinct, in Adair 
county; because he lived in the Harmony precinct. 

6. Elijah Leach—who voted at White Oak precinct, in Adair 
county; because he was not a resident of said precinct for the term 
required by law. 

7. James B. Royse—who voted at the Columbia precinct, in Adair 
county; because he lived at the time at Haysville, in Marion county. 

8. William P. Royse—who voted at the Columbia precinct, in 
Adair county; for the same reason as above. 

9. James Rayner—who voted at the Gradyville precinct, in Adair 
county; because he was not a resident of said precinct. 

10. Wm. Woodard—who voted at the Gradyville district, in Adair 
county; because he was not a resident of the county or precinct in 
which he voted for the time required by law. 

11. George Green—who voted at the Harmony district, in Adair 
county; because he was under twenty-one years of age. 

12. James Jones—who voted at Neatsville district, in Adair county; 
or the same reason as above. 

13. Jonathan McElroy—who voted at Harmony district, in Adair 
county; because he was not a resident of the county or precinct in 
which he voted for the time required. 

14. George D. Redman—who voted at the White Oak district, in 
Adair county; because he was not twenty-one years of age. 

15. William alias Peter Walkup—who voted at the White Oak 
district, in Adair county; because he was not a resident of said 
district for the time required by law, and in fact was a resident of 
the Harmony district. 

16. I. N. Vaughn—who voted at the same place as above, and for 
the same reason as above. 

17. Samuel Vier—who voted at Columbia district, in Adair county; 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

18. William Tier—who voted at the same place as above, and 
because of the same reasons as above. 

19. Joshua Prewitt—who voted at the White Oak district in 
Adair county; because he was a resident of Neatsville district, and 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

20. Irvine Keaton—who voted at the Harmony district, in Adair 
county; because he was not a resident of the county or district in 
which he voted for the time required by law; in fact, he was a resi¬ 
dent of the county of Cumberland. 

21. Nathaniel Wade—who voted at Gradyville precinct, in Adair 
county; because he was not twenty-one years of age. 

22. William J. Cooley—who voted at the Neatsville district, in 


KENTUCKY CONTESTED ELECTION. 371 

Adair county; because he was not a resident of said district for the 
time required by law. 

23. William Bryant—who voted at same place as above, and 
because of same reason as above. 

24. Morgan Simpson, alias R. W. Simpson—who voted at Neats- 
ville, in Adair county; because he was not twenty-one years of age. 

1. Nicholas Walter or Walters—who voted at district No. 3, in 
Boyle county; because he was not a resident of the county or pre¬ 
cinct in which he voted for the time required by law. 

2. A. G. Talbott, jr.—who voted at precinct No. 4, Boyle county; 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

3. Charles Voss—who voted at district No. 4, Boyle county ; 
because of the same reasons as last above named. 

4. William Crow—who voted at district No. 3, Boyle county; for 
the same reason as last above named. 

5. C. P. Springer—who voted at district No. 3, in Boyle county; 
because he was not a resident of the county or precinct in which he 
voted, and for the time required by law. 

6. A. Fulkerson, jr.—who voted at district No. 2, in Boyle county; 
because of the same reason as last above named. 

7. James Owens—who voted at district No. 3, in Boyle county; 
because of the same reason as last above named. 

8. Garrett Lane—who voted at district No. 3, in Boyle county; 
because of the same reason as last above named. 

9. Henry White—who voted at district No. 3, in Boyle county; 
because of the same reason as last above named. 

10. Abel Reeves—who voted at precinct No. 3, in Boyle county; 
because of the same reason as last above named. 

11. Samuel Goode—who voted in district No. 1, of Boyle county; 
because of the same reason as last above named. 

12. James Brennan—who voted in district No. 1, of Boyle county; 
because he is a foreigner, and not a citizen of the United States. 

13. John Haggin—who voted at district No. 2, of Boyle county; 
because of the same reasons as the last above named. 

14. William Staley—who voted at same place ; because of same 
reason as last above named. 

15. Michael Maho—who voted at same place, and because of same 
reasons as last above named. 

16. Patrick Conley—who voted at same place, and because of 
same reason as last above named. 

17. Frank O’Neal—who voted at district No. 4, of Boyle county, 
and because of same reason as last above named. 

18. James Fitzsimmons—who voted at same place; because of 
same reason as last above named. 

19. Hearn Gee—who voted in district No. 1, in Boyle county; 
because he is an idiot. 

1. James F. Alstott, alias Fletcher Alstott—who voted at Rolling 


372 


KENTUCKY CONTESTED ELECTION. 


Fork precinct, in Casey county; because he was not twenty-one 
years of age. 

2. Michael McCarty—who voted at same place as last above named; 
because he was a foreigner, and not a citizen of the United States. 

3. Isaac Roaten—who voted at Liberty precinct, in Casey county; 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

4. James Wilson—who voted at Liberty precinct, in Casey county; 
because of the same reasons as last above named. 

5. J. E. King—who voted at the Jenkins district, in Casey county; 
because he was not 21 years of age. 

6. John Henry Bryant—who voted at the Rolling Fork precinct, in 
Casey county; because he was indicted, convicted, and sentenced to 
the penitentiary from said county for felony, and served his time out 
in the penitentiary, and was thereby legally disfranchised. 

7. Martin B. Blevins—who voted at the Tate district, in Casey 
county; because he was not a resident of said district for the time 
required by law; he was, in fact, a resident of the Jenkins district. 

8. Commodore Minor—who voted at the Rolling Fork precinct, in 
Casey county; because he had, before the election, removed to Marion 
county, and was not a resident of the county in which he voted. 

1. Thomas Stockton—who voted in district No. 4, Clinton county; 
because he was not a resident in the State, county, or precinct in 
which he voted for the time required by law. 

2. James Johnson, jr.—who voted in district No. 1, Clinton county; 
because he resided in district No. 4 of said county. 

3. John Lemans—who voted in district No. 3, Clinton county; 
because he was under 21 years of age. 

4. John Hughes—who voted at district No. 2, Clinton county; 
because of the same reason as last above named. 

5. Elijah Brown—who voted in district No. 5, same county, and 
for the same reason as last above named. 

6. John Guthrie—who voted in district No. 1, Clinton county; 
because he lived at the time in district No. 3 of said county. 

7. S. J. Yance—who voted in district No. 5, Clinton county; 
because he lived at the time in district No. 4 of said county. 

8. Joshua Birdwell—who voted in district No. 2, Clinton county; 
because he lived in district No. 1 of said county. 

9. George Wilkerson—who voted in district No. 2, Clinton county; 
because he was a foreigner, and not a citizen of the United States. 

10. John Travis—who voted at same place as last above named, 
and because of same reasons. 

11. David Gwinn—who. voted at the Albany district, Clinton 
county; because he lived at the time in the Hays district of said 
county. 

12. James Hare—who voted in district No. 3, Clinton county; 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

13. Calvin Givens—who voted at the Albany district, Clinton 
county; because he is non compos mentis , or, in other words, an idiot. 


KENTUCKY CONTESTED ELECTION. 


373 


14. Frederick Greir—who voted at the Piney Woods district, 
Clinton county; because he is a foreigner, and not a citizen of the 
United States. 

1. Samuel Sparks—who voted at Burksville precinct, Cumberland 
county; because he was not a resident of the State, county, or pre¬ 
cinct in which he voted for the time required by law. 

2. James H. Bird—who voted at same place, and for same reasons 
as last above named. 

3. Henry Smith—who voted at same place, and for same reasons 
as last above named. 

4. John Niel—who voted at same place, and for same reasons as 
last above named. 

5. Ben. Farmer—who voted at same place, and for same reasons 
as last above named. 

6. G. J. Furkin—who voted at same place, and for same reasons 
as last above named, and because he lived at the time in the Elliott 
district of said county. 

7. John Wright—who voted at same place, and because he was 
not a resident of the State, county, or precinct in which he voted for 
the time required by law. 

8. J. W. Poulsen—who voted at Kettle Creek precinct, Cumber¬ 
land county; because of the same reasons as last above named. 

9. Jacob Dul worth—who voted at same place, and for same reasons 
as last above named. 

10. A. J. Wilkerson—who voted at Whetstone district, Cumber¬ 
land county; because he resided at the time in Adair county. 

11. John Cooksey—who voted at same place; because he resided 
at the time in Clinton county. 

12. John Johnson—who voted at the Kettle Creek precinct, Cum¬ 
berland county; because he was not 21 years of age. 

13. Henry Givens—who voted at the Whetstone precinct, Cum¬ 
berland county; because he had not been a resident of the State, 
county, or precinct in which he voted for the time required by law. 

14. James Smith—who voted at the Kettle Creek precinct, Cum¬ 
berland county; because he had not been in the State or county the 
time required by law, and because he was at the time a resident of 
Tennessee. 

15. Alfred Scott—who voted at same place, and for same reasons 
as last above named. 

16. John Powell—who voted at the Elliott district, same county; 
because he was not a resident of the State, county, or district in 
which he voted for the time required by law. 

17. Humphrey Krider or Crider—who voted at the Elliott district, 
Cumberland county; because he was not 21 years of age. 

1. Sam. Powell—who voted at Stanford, Lincoln county; because 
he was not a resident of the State, county, or precinct in which he 
voted for the time required by law. 

2. John Severance, jr.—who voted at Crab Orchard precinct, 


374 


KENTUCKY CONTESTED ELECTION. 


Lincoln county; because he was not at the time a resident of the 
county or precinct in which he voted. 

3. Stephen Blankenship—who voted at same place as last above 
named; because he was at the time a resident of the Walnut Flat 
district. 

4. J. T. Waterhouse—who voted at same place as last above 
named; because he had not been a resident of the State, comity, or 
precinct in which he voted for the time required by law. 

5. G. Payne—who voted at Crab Orchard precinct, Lincoln county; 
because of the same reasons as last above named. 

6. Wesley Davis—who voted at same place, and because of same 
reasons as last above named. 

7. Stout Higgins—-who voted at the Walnut Flat precinct, in Lin¬ 
coln county; because he had lost his citizenship in said district, and 
because he had not been in the State, county, or district in which he 
voted for the time required by law. 

8. William Sylar—who voted at Waynesburg, in Lincoln county ; 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

9. James Stout—who voted at same place, and because of same rea¬ 
sons as last above named. 

10. Zach. Cook—who voted at same place, and because of same 
reasons as last above named. 

11. Levi Cotton—who voted at Turnersville precinct, in Lincoln 
county; because he was not a resident of said precinct, and because 
at the time he actually lived in Casey county. 

12. Cornelius Campbell—who voted at Hustonville, in Lincoln 
county; because he was a foreigner, and not a citizen of the United 
States, and not a resident of the State, county, or precinct in which 
he voted for the time required by law. 

13. John Sherron or Sherrondon—who voted at same precinct as 
last above named; because he was not 21 years of age. 

14. Charles McWilliams—who voted at same precinct as last above 
named; because he was not a resident of the county or precinct in 
which he voted for the time required by law, and because he was at 
the time a resident of Fayette county, Kentucky. 

15. Adam Petree—who voted at Crab Orchard, in Lincoln county; 
because he was not 21 years of age. 

16. Jesse Hay the—who voted at Waynesburg, in Lincoln county; 
because he had, before the election, removed to Rockcastle county, 
and was not a resident of the precinct in which he voted. 

1. S. E. Reed—who voted at Creelsboro’ district, in Russell county; 
because he had not been in the State, county, or precinct the time 
required by law. 

2. James M. Luster—who voted at same place; because of same 
reasons as last above named. 

3. Silas alias Cyrus Collins—who voted at same place, and because 
of same reasons as last above named. 

4. Albert McDowell—who voted at precinct No. 1, in Russell county; 


KENTUCKY CONTESTED ELECTION. 375 

because lie was at the time a resident of precinct No. 2, in said 
county. 

5. AY illiam Sharp—who voted in Jamestown precinct, in Russell 
county; because he was not at the time a resident of said precinct. 

G. Elijah Low—who voted at Wolf Creek precinct, in Russell county; 
because he had not been a resident of the State, county, or pre¬ 
cinct for the time required by iaw. 

7. Lindsey Brummett—who voted at Lairsville precinct, in Russell 
county; because he lived at the time in Clinton county. 

8. James P. Miller—who voted at Creelsboro , 7 in Russell county; 
because at the time he was a resident of Adair county. The acts of 
the general assembly of the State of Kentucky for 1825, make the 
house in which said Miller resides in Adair county.—(See pages 40 
and 41.) 

9. Allen Bybee—who voted at Creelsboro’, in Russell county; be¬ 
cause he was at the time a resident of Clinton county. 

1. William Redding—who voted at Saloma precinct, in Taylor 
county; because he had not been a resident of the State, county, or 
precinct the time required by law, and because he refused to be 
sworn. 

2. William Sullivan, jr.—who voted at same place, and for the first 
reason last above named. 

3. James H. Ratliffe—who voted at the Little Pinchem district, in 
Taylor county; because of the same reason last above named. 

4. Frank Rhodes—who voted at Mannsville district, in Taylor 
county; because he was not 21 years of age. 

5. Marion Peterfeon—who voted at Campbellsville precinct, in Tay¬ 
lor county; because he had not been a resident of the State, county, 
or precinct for the time required by law. 

6. Milton Simpson—who voted at Little Pinchem precinct, in Tay¬ 
lor county; because of the same reasons as last above named. 

7. Henry Shaffner—who voted at same place last above named; 
because he was not 21 years of age. 

I deny that William Davis, and Jackson D. Richardson, and Wm. 
R. Cumbass, voted for you, and were so cried by the sheriff, and that 
the clerk omitted to record them for you ; but I state that the same 
were properly recorded. 

I deny that the judges and clerks of the election at the district in 
which Wiley Turner voted, erased his name and vote without just 
reason. 

I deny that the judges, without good reason, refused to receive the 
vote of Anderson Hare. 

I deny that upon the poll-books the names of Nat. Harmon, Geo. 
W. Crane, and Samuel Leffien are recorded for me; but they voted 
and are recorded for you. The vote of Nelson Pendegraft is recorded 
for me, and I state that he so voted, and that his vote was so recorded 
by the clerk at the time. 

I deny that George Jones voted for you. I state that he voted for 
me at the polls, and was so recorded. 

I deny that the poll-book of the Ireland precinct, in Taylor county, 


376 


KENTUCKY CONTESTED ELECTION. 


is improperly certified; and also deny that the officers of said precinct 
were not sworn according to law. 

I also deny that the poll-book of district No. 7, in Wayne county, 
was improperly and illegally certified. 

You are hereby notified that I shall object to, and insist upon re¬ 
jecting, the poll-book, and the votes therein recorded, of the Casey 
Creek precinct, in Casey county, because there is no certificate what¬ 
ever upon said book. At said precinct the vote stood, Anderson, 49; 
Chrisman, 95. 

I shall also object to, and insist upon rejecting, the poll-book, and 
the votes thereon recorded, of the Harmony district, in Adair county, 
because the same is not certified as required by law. At said precinct 
the vote stood, Anderson, 37; Chrisman, 230. 

I shall also object to, and insist upon rejecting, the poll-book, and 
the votes thereon recorded, of the Mannsville district, in Taylor 
county, because the same was not certified as required by law. 

I shall also object to, and insist upon rejecting, the poll-book, and 
the votes thereon recorded, of Whetstone precinct, in Cumberland 
county, because the same was not certified as required by law. 

I shall also object to, and insist upon rejecting, the poll-books of 
all the precincts in Wayne county, because they were never sealed 
up and delivered to the clerk as required by law; and if so delivered, 
were broken open before the time fixed by law. And also, because 
the said poll-books were in } r our possession, and inspected by you and 
your political friends, before the day fixed for the comparison of the 
polls. 

I shall object to, and insist upon rejecting, all the poll-books of 
Taylor county, because the same were not sealed and delivered accord¬ 
ing to law; and if so sealed and delivered, the seals were broken and 
the books opened before the day fixed by law for the comparison. 

I shall also object to, and insist upon rejecting, all the poll-books of 
Green county, because the same were not certified, sealed, and 
delivered according to law; and if so certified, sealed, and delivered, 
the seals were broken open on Tuesday night next after the election, 
(by your democratic friends,) and before the comparison. 

I shall insist upon counting in my favor the following votes, which 
were cast for me, and omitted to be recorded by the clerk : 

Richard Pendegraft—who voted at district No. 1, Boyle county. 

Henson Pendegraft—who voted at the same place. 

David Wells—who voted at Burksville precinct, Cumberland county. 

Bethel Compton alias B. Compton—who voted at Gradyville pre¬ 
cinct, in Adair county. 

A. J. York—who voted at district No. 3, in Clinton county. His 
name is recorded for Wm. A. Hoskins, a candidate for the State 
senate, instead of for Anderson for Congress—his name being recorded 
for Hoskins and Boles, who were both candidates for the senate. 

I shall insist upon striking from your poll, and adding to my own, 
the vote of— 

J. T. Reynolds—who voted in district No. 3, in Boyle county. He 
voted for me, and his vote, by mistake of the clerk, is recorded for you. 


KENTUCKY CONTESTED ELECTION. 


37 


James Janes—who voted at Gradyville precinct, in Adair county. 
He voted for me, and his vote, by mistake of the clerk, was recorded 
for yon. 

Cyrus Judd—who voted at the White Oak district, in Adair county. 
He voted for me, and his vote, by mistake of the clerk, was recorded 
for you. 

I shall insist upon striking from your poll the vote of— 

Samuel M. Baker—who voted at Columbia, in Adair county. He 
voted for me, and his vote, by mistake of the clerk, was recorded for 
you and me both. 

M. Rhyne, F. L. Thomas, A. Polston, Ben. Austin, J. C. Williams, 
J. C. Cundiff, W. S. Baldock, W. J. Jones, Bird Russell, J. Abshear— 
all of whom voted at the Tate precinct, in Casey county, and their 
votes are recorded for you and me both, when they all voted for me. 

William Curry—who voted at Columbia, in Adair county. He 
voted for me, and his vote, by mistake of the clerk, was recorded for 
you. 

I shall insist upon adding to my poll the names of the following 
voters, who were legal voters, and offered to vote, and were impro¬ 
perly and illegally rejected by the judges of election : 

Charles B. Kirkland—who offered to vote at precinct No. 1, in 
Boyle county. 

B. W. Moss—who offered to vote at precinct No. 2, in Boyle county. 

Isaac F. Keys—who offered to vote at Greensburg, in Green county. 

I shall also insist upon excluding the votes of the following named 
persons, who were permitted to vote after the time fixed by law for 
closing the polls, and after the polls had closed: 

Frank Delaney—who voted at Crab Orchard precinct, in Lincoln 
county. 

William Griffin—who voted at same place. 

John Shelton, alias Chilton—who voted at Jamestown precinct, in 
Russell county. 

I shall insist upon adding to my poll the votes of the following 
named persons, who voted for me, and were so recorded, and their 
votes stricken from the books by the judges of election, after said 
voters had left the polls, and were not recalled, and without their 
consent or approbation: 

Archibald Sid well—who voted in district No. 4, Clinton county. 

Jesse Sidwell—who voted in district No. 1, same county. 

W. A. Ellis—who voted at district No. 4, same county. 

I shall insist upon rejecting the third page of the poll-book of pre¬ 
cinct No. 5, in Russell county, because the same was not signed by 
the clerk as required by law; on that page the vote stood, Chrisman, 
18; Anderson, 9. • 

I shall also insist upon striking from your poll the vote of Wm. R. 
Bowman, alias “Wm. Bowman,” who voted in district No. 2, Boyle 
county, because said Bowman gave no vote in the congressional race, 
and by mistake of the clerk, his vote has been recorded for you. 

I shall also insist on striking from your poll the vote of— 

G. R. Vaught—who voted at the Somerset district, in Pulaski 


378 


KENTUCKY CONTESTED ELECTION. 


county; because the vote of the said Yaught was recorded, by mistake 
of the clerk, for you and myself both, when he voted for me. 

I shall also insist upon rejecting the poll-book, and the votes thereon 
recorded, of the Bent district, in Pulaski county, because three of the 
officers who held the election in said district were of the same politics 
with yourself, and opposed to me in politics; when, by the laws of 
Kentucky, there should have been an equal division of officers if they 
could be found in the district; and I allege that there were enough 
voters residing in the district who agreed with me in politics to 
have filled said offices. I state that Joseph Randall, a judge; Greenup 
Meese, Sheriff; and Willis J. Stogsdell, clerk of said district, are all 
democrats, and agree with you in politics, held said election at said 
district, and at the district the vote stood, Chrisman, 68, and Ander¬ 
son, 2. 

I shall also insist that the vote of Frank Harrison, who voted at the 
Somerset precinct, in Pulaski county, be so changed as to give his 
vote to me alone. By a mistake of the clerk, he is put down as having 
voted for me and you both, when he voted for me alone. 

You claim that at the Kettle Creek precinct, in Cumberland county, 
that, a mistake of ten votes was made to your prejudice. If you re¬ 
ceive the benefit of such pretended mistake, and I deny that such a 
mistake was made, I shall claim that the whole vote of Kettle Creek 
precinct be rejected; because the vote of said precinct, or a large 
portion thereof, was recorded by one C. C. Hughes, who was not the 
clerk of said election, and had no authority to act as such. 

I also claim that my actual majority from the county of Boyle was 
490 votes, when, according to the returns sent to Frankfort, it was 
486, and so counted in the returns. 

In the account sent to Frankfort from the county of Adair, the 
majority against me was 550, when the actual majority was only 549. 

There are other mistakes to my prejudice, as I will show by the 
proof. According to the laws of Kentucky, voting has to be done viva 
voce , and clerks of elections may, and actually do, make mistakes, and 
many have been mnde to my prejudice. The democracy regard every 
thing fair in politics, and after you have been defeated you ought to 
have submitted. Because frauds have been heretofore perpetrated 
by your party in elections, and men defeated when they were fairly 
elected, is no reason that you should now claim my seat. I therefore 
say you cannot chisel me out of my seat, to which I am fairly and 
honestly elected. 

The treasury at Washington is empty, and will doubtless be if 
Buchanan democracy is continued in power. I am informed, and 
shall insist upon, and expect to prove, that you have said that you 
did not 4/3sire to contest my seat, but some of your party forced you 
to do it; but even if defeated in Congress, you would get the mileage 
and compensation anyhow. 

1. John Ping—who voted at the Dallas district, in Pulaski county ; 
because he had not been a resident of the State, county, or district 
for the time required by law. 


KENTUCKY CONTESTED ELECTION. 379 

2. William Thompson—who voted at the Dallas district, in Pulaski 
county; because he was not 21 years of age. 

3. William Pierce—who voted at the Harrison district, in Pulaski 
county; because he was not 21 years of age. 

4. David Sadler—who voted at the Harrison district, Pulaski county; 
because he was not a resident for the time required by law; in fact, 
he was a resident of Logan couuty, Kentucky, at the time of said 
election. 

5. Leroy Whitiss—who voted at the Gaines district, in Pulaski 
county; because he was not 21 years of age. 

G. Samuel Garland—who voted at the Point Isabel district, in Pu¬ 
laski county; because he had been indicted, convicted, and sentenced 
to the penitentiary for felony, from Whitley county, Kentucky, and 
served his time out therein, and was thereby, by law, disfranchised. 

7. Erased. 

8. Eli Dykes, jr.—who voted at the Somerset district, in Pulaski 
county; because he was a resident of the Bent district, Pulaski county, 
at the time of said election. 

9. John L. Logan—who voted at the Harrison district, in Pulaski 
county; because he was not a resident of the State, county, or district 
for the time required by law. 

10. Samuel Thacker—who voted at the Juggernaut district, in 
Pulaski county ; because he had been indicted, convicted, and sen¬ 
tenced to the penitentiary, and served his time out therein, and was 
thereby disfranchised. 

11. Wesley Neal—who voted at the Buncombe district, in Pulaski 
county; because he was not a resident of the State, county, or district 
for the time required by law. 

12. Norris Williams—who voted at the Bent district, in Pulaski 
county; because he was not a resident of the State, county, or district 
for the time required by law. 

13. Washington Reynolds—who voted at the Bent district, in Pu¬ 
laski county; because of the same reason as last above stated. 

14. James Parton—who voted at the Harrison district, in Pulaski 
county; because he was not 21 years of age. 

15. John Elder—who voted at the same district for the same reason 
as above. 

1G. Pleasant Jeffries—who voted at the Juggernaut district, in 
Pulaski county; because he was a foreigner, and not a citizen of the 
United States. 

17. Thomas Jenkins—who voted at the same district, and for the 
same reason as above. 

18. Henderson Angell—who voted at the same district; because 
he was not a resident of the State, county, or district for the time 
required by law. 

19. Patrick Doyle—who voted at the same district; because he was 
not a resident of the State, county, or district for the time required 
by law. 

20. Samuel Hansard—who voted at the same district; because there 
is no such voter living in said district. 


380 


KENTUCKY CONTESTED ELECTION. 


21. John Davis—who voted at the Somerset district, Pulaski county; 
because he was not 21 years of age. 

22. Wm. Burton, son of Benj. Burton—who voted at the Gaines 
district, Pulaski county; because he was not 21 years of age. 

23. Dunny Lustre, son of Jesse Lustre—who voted at the same 
district, and for the same reason. 

24. J. J. Smiley—who voted at the Grundy district, Pulaski county; 
because he was not a resident of the State, county, or district for the 
time required by law. 

25. Emerson Strunk—who voted at the Texas district, Pulaski 
county, because he was not 21 years of age. 

26. Joseph Keith—who voted at the same district, and for the 
same reason. 

27. Daniel Chitwood—who voted at the same district; because he 
was not a resident of the State, county, or district for the time re¬ 
quired by law. 

28. Jonathan Abbott—who voted at the same district, and for the 
same reason. 

29. John Brown—who voted at the same district, and for the same 
reason. 

30. Elijah Burton—who voted at the Gaines district, Pulaski 
county; because he was not 21 years of age. 

1. Samuel Chaney—who voted at the district No. 5, in Green 
county ; because he was not 21 years of age. 

2. Isaac Hartfield—who voted at district No. 4, in said county ; 
because he was a foreigner, and not a citizen of the United States. 

3. Samuel Bennett, jr.—who voted in the same district last named; 
because he was not a resident of the State, county, or precinct for 
the time required by law. 

4. Daniel Sullivan, sen.—who voted at the Greensburg precinct; 
because of the same reasons last above named. 

5. Selden Renfro—who voted at district No. 5, in Green county ; 
because of the same reasons last above named. 

6. Thos. Elmore—who voted at district No. 4, in Green county; 
because he was not 21 years of age. 

1. George W. St. Johns—who voted at district No. 1, Wayne county; 
because he was not a resident of the State, county, or precinct for 
the time required by law. 

2. William Boston—who voted at district No. 1, of said county ; 
because he was not a resident of the county or district for the time 
required by law. 

3. Charles Mitchell—who voted at the same place ; because he has 
not been a resident of the State, county, or district for the time re¬ 
quired by law. 

4. E. B. Jones—who voted at the same district; because he is a 
foreigner, and not a citizen of the United States, nor a resident of 
the State, county, or district the time required by law. 

5. J. J. Shepperd—who voted at the same district; because he was 
not a resident of the State, county, or precinct for the time required 
by law. 


KENTUCKY CONTESTED ELECTION. 381 

G. Henry Greer—who voted at the same district; because he is a 
foreigner, and not a citizen of the United States. 

7. A. K. Russell—who voted at the same district; because he was 
not a resident of the State, county, or district for the time required 
by law. 

8. James Low—who voted at the same district; because he was not 
a resident of the State, county, or precinct for the time required by 

law. 

9. E. F. Waller—who voted at the same district; because he was 
not a resident of the State, county, or district for the time required 
by law. 

10. Henry Martin—who voted at the same district; because he is 
a foreigner, and not a citizen of the United States. 

11. Andrew Henry—who voted at the same district; because he is 
not 21 years of age. 

12. John Chris well—who voted at the same district; because he 
was not a resident of the county or district for the time required by 
law ; in fact, he is a resident of Clinton county, Kentucky. 

13. G. B. Vaughn—who voted at the same district; because he is 
not a resident of the district. 

14. Shelby Thomas—who voted at the same district; because he is 
not 21 years of age. 

15. Charles Orman—w r ho voted at the same district; because he is 
a foreigner, and not a citizen of the United States. 

16. George Smith—who voted at the same district; because he is 
not 21 years of age. 

17. William Terry—who voted at the same district; because he 
was not a resident of the county or district; in fact, he was a resi¬ 
dent of Russell county at the time of the election. 

18. George Arthur—who voted at the same district; because, after 
he had voted for me, and left the polls, his name was erased from the 
poll-books. 

19. J. McBlack—who voted at the Mill Springs, in Wayne county; 
there is no such voter in the district. 

20. Seaburn Crutchfield—who voted at the Mill Springs district, in 
Wayne county ; because he was not a resident of the county, State, 
or district for the time required by law; in fact, he is a resident of 
Kansas Territory, and voted, or said he voted, in said Territory; and 
further, because he is not entitled to vote in Kentucky, or anywhere 
else, he being under 21 years of age. 

21. Thomas Rutherford—who voted at the same district; because 
he is not 21 years of age. 

22. Marion Stevenson—who voted at the same district; because 
he is not a resident of the county or district for the time required by 
law. 

23. Thomas Mus—who voted at the same district; for the reasons 
last above named. 

24. Wm. Scantland—who voted at the same district; because he 
is not 21 years of age. 

25. SamT Pennington—who voted at the same district; because 


382 


KENTUCKY CONTESTED ELECTION. 


he was not a resident of the State, county, or district for the time 
required by law. 

26. John Fredricks—who voted at the same district; because he is 
a foreigner, and not a citizen of the United States. 

27. James Daus—who voted at the same district; because he is 
not a resident of the county or district; in fact, he is a resident of 
Pulaski county. 

28. Wm. Dobkins—who voted at the same district; because he 
was not a resident of the State, county, or district for the time re¬ 
quired by law. 

29. H. P. Jones—who voted at the same district; because he was 
not a resident of the county or district for the time required by law. 

30. S. A. Hutchinson—who voted at the same district; because he 
is not 21 years of age. 

31. Wm. Weaver—who voted at the same district; because, after 
he had voted, and several other voters had voted after him, he had 
his vote recorded for you, he not having voted for you when he first 
cast his vote for the other democratic candidates for the various 
offices of the State, &c. 

32. William Foster, jr.—who voted in Mill Spring district; because 
he is under 21 years of age, and not a resident of the district, as re¬ 
quired by law. 

33. George Payne—who voted at the same district; because he is 
an idiot. 

34. F. M. Marcum—who voted at the same district; because after 
he had recorded his vote for me, and had left the polls, his name was 
erased from the poll books, so far as his having voted for me. 

35. Thomas Simpson—who voted in Mill Spring district, in Wayne 
county; because he was under 21 years of age. 

36. Alberry Shoat—who voted at the Edwards district, in Wayne 
county; because he was not a resident of the county for the time re¬ 
quired by law. 

37. Emerson Hancock—who voted at the same district; because he 
was not 21 years of age. 

38. Wm. Rule—who voted at the same district; for the same reason 
last stated. 

39. Shelby Denny—who voted at the same district; for the same 
reason last stated. 

40. Wm. Carter—who voted at the same district; because he was 
not a resident of the State, county, or district for the time required 
by law. 

41. Granville Morgan—who voted at the same district; because he 
is not 21 years of age. 

42. C. F. Kidd—who voted at the same district; because he was 
not a resident of the State, county, or precinct for the time required 
by law. 

43. John Sloan, jr.—who voted at same place; because of the rea¬ 
sons above named. 

44. Berry Shoat—who voted at the same place; because of the 
reasons above named. 


KENTUCKY CONTESTED ELECTION. 383 

45. Andrew Hill—who voted at the South Fork district, in Wayne 
county; because he was not 21 years of age. 

4G. Granville Spradlin—who voted at the same place; because he 
was not 21 years of age. 

47. William Brewster—who voted at the same place; because he 
was not a resident for the time required by law. 

48. Peter Phipps—who voted at the same place; he only voted for 
W. A. Hoskins, a candidate for the State senate; he did not vote in 
the congressional race, and his vote, since the polls were returned, 
has been put down for Chrisman. 

49. Patten Foster—who voted in district No. 7, Dobbsville; because 
he was not a resident for the time required by law. 

50. William King—who voted at the same place; because he was 
not 21 years of age. 

51. James Davis—who voted at same place; because he was not a 
resident for the time required by law. 

52. Frank Winchester—who voted at the same place; because of 
the reasons last above named. 

53. Hiram Troxdall—who voted at the same place; because he was 
not 21 years of age. 

54. Bryant Thurston—who voted at the Mullentown district, Wayne 
county; because he was not 21 years of age. 

55. Granville Shoat—who voted at the same place; because he was 
not a resident for the time required by law. 

56. William Kennedy—who voted at the Sinking district, in Wayne 
county; because he was not a resident for the time required by law. 

57. Isaac Mason—who voted at same place; because he is not a 
legal voter. 

58. Stephen Loveall—who voted at same place; because he is 
under 21 years of age. 

59. Gideon Loveall—who voted at same place; because he is not 
a legal voter. 

60. Christopher Jones—who voted at same place; because he is 
not 21 years of age. 

John Honey—who voted at Mullentown, not having been a resident 
of the district, State, or county the time required by law. 

I have denied the charges in the paragraphs named, and may have 
omitted to speak of some special charges in your pretended notice. 
If so, 1 hereby deny them. But I do admit that Abraham Monroe, 
whose vote you challenged, as I suppose, was not a legal voter; for if 
you will examine the poll-books, you will find that said Monroe voted 
for you, and is recorded and counted. 

You have also challenged the vote of James Lair. The said Lair 
voted for you and is so recorded, but the same is illegal; and I there¬ 
fore admit that as he voted for you his vote is illegal. 

I have been persecuted by the leaders of the democratic party, and 
my seat in the Congress of the United States has been contested; 
but I expect to prove, and will prove, before said Congress, that I am 
honestly, fairly, and legally elected to that position ; and I will state, 


384 


KENTUCKY CONTESTED ELECTION. 


that in the discharge of the high duty, as the representative from the 
fourth congressional district of Kentucky, endeavor to so act, as to 
meet with the confidence and respect of my constituents. The war¬ 
worn veteran, the children of the country, the widow, the orphan, 
shall, so far as my feeble efforts are concerned, be fully rewarded. 

W. C. ANDERSON. 

Executed the within upon James S. Chrisman, (the within named,) 
by delivering to him a true copy hereof on the 10th day of October, 
1859, in the town of Monticello, Wayne county, Kentucky. 

F. BATES, S. W. C. 

By L. P. BAKER, D. S. 

And I will, on the 19th day of January, 1860, at the court-house in 
the town of Greensburg, Green county, Kentucky, before Thomas R. 
Barnett, presiding judge of the county court of Green county, take 
the depositions of W. N. Vaughn, John H. Ward, J. C. Edwards, 
Chapman Edwards, Robert Marshall, Monroe Adair, Archibald Lewis, 
J. B. Carlisle, James Carlisle, W. T. Ward, Q. H. Easter, J. H. 
Easter, W. B. Allen, S. T. Wilson, H. T. Hagan, B. E. Courts, J. 
T. Golder, J. M. S. McCorkle, Thomas A. Webster, Jno. Edwards, 
Josiah Mitchel, Wm. Boyle, Washington Lewis, M. Lewis, J. G. 
Scott, Wm. Blevins, R. Blevins, M. Blevins, Thomas Chapman, Wm. 
Chapman, Samuel Sullivan, T. Low, Wm. Jewel, J. McCubins, Nic. 
McCubins, W. W. Ingram, Sallie Chaney, D. Chaney, J. Chaney, J. 
F. Keas, and Moses Parker—all of which witnesses now live in the 
county of Green, State of Kentucky. 

W. C. ANDERSON. 


The Commonwealth of Kentucky to the sheriff or any constable of Green 
county , greeting: 

You are commanded to summon W. N. Vaughan, John H. Ward, 
J. C. Edwards, Chapman Edwards, Robert Marshall, Monroe Adair, 
Archibald Lewis, J. B. Carlisle, James Carlisle, W. T. Ward, J. H. 
Eustis, J. Q. Eustis, W. B. Allen, S. T. Wilson, H. T. Hogan, B. E. 
Courts, J. T. Goulder, J. M. S. McCorkle, T. A. Webster, John Ed¬ 
wards, Josh. Mitchel, William Ball, Wash. Lewis, M. Lewis, James 
G. Scott, William Blevins, R. Blevins, M. Blevins, Tom. Chapman, 
William Chapman, Samuel Sullivan, Tom. Low, William Jewel, 
James McCubbins, Nick. McCubbins, W. W. Ingram, Sally Chany, 
Delila Chany, James Chany, Isaac F. Keas, Moses Parker, to appear 
before me at the court-house in Greensburg, Kentucky, on the 19th 
day of January, 1860, to give their depositions in the contested elec¬ 
tion pending before the House of Representatives of the United States, 
in which James S. Chrisman is contestant, and W. C. Anderson is 
contestee. 

Given under my hand, as presiding judge of the Green county court, 
January 5, 1860. 

THOMAS R. BARNETT, P. J. G. C. C. 


KENTUCKY CONTESTED ELECTION. 


385 


Executed the within summons on W. T. Ward, John H. Ward, 
H. T. Hagan, W. N. Vaughan, J. B. Carlisle, James Carlisle, A. 
Louis, J. M. S. McCorkle, B. C. Courts, S. T. Wilson, W. B. Allen, 
T. A. Webster, James T. Goulder, Chapman Edwards, James Ed¬ 
wards, Q. H. Eastes, and on Robert Marshall, clerk, and Washington 
Lewis, by delivering to them a true copy of the within, January 16, 
1860. 


H. T. HAGAN, C. G. C 


Executed on James Mitchell, Isaac F. Keas, Delila Chany, Reuben 
Blevins, Nathan Blevins, William Chapman, Thomas Chapman, 
January 17, 1860. 

AR. C. COX, D. 8. 


Also on Q. H. and J. Q. Eastes, by leaving a written summons for 
them, January 17, 1860. 

AR. C. COX, D. S. 

Executed on William Ball, Nick. McCubbin, James McCubbin, 
W. W. Ingram, James Chaney, Moses Parker, M. Lewis, James F. 
Scott, William Blevins, William Jewel, January 17, 1860. 

TIIOS. C. EDWARDS, S. G. C. 


The Commonwealth of Kentucky to the sheriff of Green County , greeting: 

You are commanded to summon Alexander Orr and William Martin 
to appear before the presiding judge of the Green county court, to 
testify, by the way of deposition, on the 24th of this instant, in behalf 
of William C. Anderson, in a contested election in the fourth con 
gressional district in Kentucky, before the House of Representatives 
of the Congress of the United States, in which James S. Chrisman js 
contestant and William C. Anderson contestee; and this you shall in 
nowise omit, under the penalty of the law. 

Given under my hand this 23d day of January, 1860. 

THOS. R. BARNETT, P. J. G. C. C. 

I appoint M. P. Goulder my special deputy to execute the within 
summons, this 23d of January, 1860. 

T. C. EDWARDS, S. G. C. 

Executed on the within William Martin January 23, 1860. 

M. P. GOULDER, 
For T. C. EDWARDS. 


The Commonwealth of Kentucky to the sheriff of Green county , greeting: 

You are hereby commanded to summon Robert Elmore to appear 
before the presiding judge of Green county court, at the court-house 
in Greensburg, on the 20th day of this instant, to testify by the way of 
deposition in behalf of William C. Anderson, in a contested election 
case in the Congress of the Uuited States House of Representatives, 
for the fourth congressional district, in which James S. Chrisman is 

H. Mis. Doc. 11- 


25 


386 


KENTUCKY CONTESTED ELECTION. 


contestant and William C. Anderson contestee ; and this you shall in 
nowise omit, under the penalty of the law. 

Given under my hand this 19th day of January, 1860. 

THOMAS R. BARNETT, 
Presiding Judge Green County Court . 


I appoint M. J. Lewis my special deputy to execute the within. 

THOS. C. EDWARDS, 

Sheriff Green County . 


January 19, 1860. 


Executed in full January 20, 1860, by delivery of a true copy 
the within summons to Robert Graham. 


M. J. LEWIS. 


of 


The Commonwealth of Kentucky to the sheriff of Green county , greeting: 


You are commanded to summon Sarah A. Chapman, P. M. 
Smith, and Letitia Smith to appear before the presiding judge of the 
Green county court, at the court-house in Greensburg, on the 20th of 
this instant, to testify by the way of deposition in behalf of William 
C. Anderson, in a contested election case in the fourth congressional 
district of Kentucky, before the Congress of the United States House 
of Representatives, in which James S. Chrisman is contestant and 
William C. Anderson contestee; and this you shall not omit, under 
the penalty of the law. 

Given under my hand this 19th day of January, 1860. 

THOMAS R. BARNETT, 
Presiding Judge Green County Court. 


I appoint Q. H. Eastes my special deputy to execute the within. 

THOS. C. EDWARDS, 

Sheriff Green County. 

January 19, 1860. 


We do acknowledge the within subpoena. 


P. M. SMITH. 
LETITIA A. SMITH. 


Executed in full January 20, 1860. 


Q. H. EASTES, 

Deputy for T. C. Edwards , Sheriff Green County. 


The Commonwealth of Kentucky to the sheriff or any constable or town 
marshal of Greensburg , Green county , greeting: 

You are commanded to summon Thompson Lowe, Samuel Sullivan, 
William Steerman and his wife Sarah E. Parker, to appear before 
the presiding judge of the Green county court, on the 20th day of this 
instant, at the court-house in Greensburg, to testify by the way of 
deposition in behalf of William C. Anderson, in a contested election 
case in the fourth congressional district in Kentucky in the Congress 
of the United States House of Representatives, in which James S. 


KENTUCKY CONTESTED ELECTION. 387 


Chrisman is contestant and William C. Anderson is contestee; and 
this you shall in nowise omit, under the penalty of the law. 

Given under my hand this 19th day of January, 1860. 

THOS. R. BARNETT, 
Presiding Judge Green County Court. 


January 20, 1860, summoned Wm. 
Samuel Sullivan, and T. Lowe. 


Steerman, Sarah Steerman, 

W. T. HAGAN, 
Constable Green county. 


The deposition of John H. Ward, taken on the 19th day of Jan¬ 
uary, 1860, at the court-house in the town of Greensburg, Kentucky, 
to be read as evidence in a contested election between James S. Chris- 
man, contestant, and W. C. Anderson, contestee, pending before the 
House of Representatives of the 36th Congress of the United States. 
The witness, first being duly sworn, testified as follows, to wit: 

Question by Anderson’s attorney. State what you know about the 
opening of the poll-books of the county of Green, State of Kentucky, 
after the election of August, 1859. 

Answer. On Tuesday immediately following the August election 
in 1859, I was in the county clerk’s office of Green county, Kentucky, 
and found the poll-books for Green county opened, and the county 
clerk, Mr. Robert Marshal, Mr. Thomas R. Barnett, the county 
judge; Mr. Alex. Milby, the county surveyor ; and Dr. D. P White, 
examing the said poll books. I, on that day, in their presence, ex¬ 
amined several if not all said poll-books, and the county judge and 
clerk told me what the majority was at that time in Green county for 
Mr. Chrisman and others. The said officers and Dr. D. P. White 
are all democrats. On the 22d day of August I further state that I 
asked, in the presence of J. J. Durham and others, the said county 
clerk and judge for a certificate of the facts concerning the opening of 
the poll-books ; the said officers at first signified their intention to 
give said certificate ; but after waiting three or four days on them, 
and frequently asking for said certificate, they finally refused to give 
it, and have never yet given it. 


Cross-examined. 


By Chrisman’s attorney. Did you see or know of any of the said 
poll books being out of the possession and custody of Robert Marshall, 
the clerk of the Green county court ? 

Answer. I neither saw nor know of any of said poll-books being out 
of the clerk’s office for Green county prior to the day appointed by 
law for the county poll-books to be examined and certified to the 
boaid at Frankfort, but saw them in the hands of different persons 
in said office, hut always in the presence of said clerk. 

By same. Was or not Mr. Chrisman’s majority in Green county, 
as first reported by the said officers on Tuesday after the election, as 
you have stated, the true and same majority which was by the said 
officers afterwards certified to the examining board at Frankfort? 


388 


KENTUCKY CONTESTED ELECTION. 


Answer. I do not know what majority was certified to the board at 
Frankfort; the majority reported to me by said officers is, as I under¬ 
stand, still the majority for Mr. Chrisman, viz : 199. 

By same. Were not the said poll-books, when opened as you have 
stated, free to the inspection of Mr. Anderson’s as well as Chrisman s 
friends in the presence of the clerk ; and were they not examined by 
persons of both political parties ? 

Answer. They were iree to all, and examined by all who wished 
it, in the presence of said clerk. 

And further this deponent saith not. 

JOHN H. WARD. 

Also the deposition of William J. Chaney, taken at the same time 
and place for the same purpose. Deponent, being of lawful age and 
duly sworn, deposed as follows : 

Question by Anderson’s attorney. You will state whether or not 
you are a brother of Samuel Chaney ; also, from the best information 
you had on the subject, whether he was twenty-one years old at or 
before the August election held in 1859 for Congressmen and other 
officers. 

Answer. I saw my brother on the Saturday before the election 
came off, and he told me that he thought he would not vote, because 
he did not think he w T as old enough. He also said that he did not 
know his age, and was afraid to vote unless he was certain he was old 
enough. I am older than my brother Samuel. 

By same. For whom did he vote at the last August election for 
Congress ? 

Answer. I heard him say he voted for James S. Chrisman. 

By Chrisman’s attorney. Where do your parents live, if living at 
all? 

Answer. My father is dead ; my mother lives in Green county, 
about seven and a half miles from the courthouse in Greensburg. 

By same. Is she or not able to travel to Greensburg with conve¬ 
nience ? 

Answer. She is not able to travel to Greensburg with convenience ; 
she could not come any way. 

By same. Are there not neighbors of your mother who have lived 
near her, and known her and your brother Samuel from his birth, and 
who are old enough to remember his birth, who are able to come to 
Greensburg ? 

Answer. There are such persons as described in the question living 
near my mother able to come to Greensburg, Kentucky ; they have 
lived near her from my first recollection, but I cannot say how long 
before that time. 

By same. How old are you ? 

Answer. I am twenty-three the the 20th day of December, 1859. 

By same. For whom did you vote for Congress at the last August 
election for Congress ? 

Answer. I voted for William C. Anderson for Congress at the last 
August election. 

By same. Were you or not an active and zealous friend of Mr. An¬ 
derson’s in said race? 


KENTUCKY CONTESTED ELECTION. 389 

Answer. I wavs an active and zealous friend of Mr. Anderson in said 
race. 

By same. What is the nature of your mother’s present inability? 

Answer. She has typhoid pneumonia; she has not been able to travel 
about for twelve months. 

By same. Is or not the said Samuel Chaney the next oldest child in 
the order of births of your mother’s children ? 

Answer. I am not old enough to know of my own personal know¬ 
ledge ; there are two children older than myself; and in our raising 
my said brother Samuel was next to me in size, and there was but one 
other child besides him younger than I am, and that one was smaller 
and looked younger than my said brother Samuel. 

By Mr. Anderson’s attorney. Is there any persons living near your 
mother able to come to Greensburg who you know were there at the 
birth of your brother Samuel ? 

Answer. There is no one that I know of. 

By Chrisman’s attorney. Have you or not an older brother than 
yourself residing in Green county ? 

Answer. I have an older brother than myself living in Taylor county, 
about ten miles from the courthouse in Green county, Kentucky. 

By same. What are his politics, and for whom did he vote for Con¬ 
gress at the last August election ? 

Answer. I do not know his politics. 

[Anderson’s attorney objects to all that portion to this deposition 
which is embraced in the examination by Chrisman’s attorney, from 
the fact that the deposition had been closed in the examination in 
chief, the cross-examination and re-examination all having been closed, 
and the deponent having signed his name.] 

And further the deponent saith not. 

WILLIAM J. CHANEY. 

Also the deposition of William Chapman, taken at the same time 
and place for the same as mentioned in the caption, being duly sworn 
and of lawful age, deposed as follows : 

Question by Anderson’s att >rney. State whether or not you are ac¬ 
quainted with Samuel Chaney ? 

Answer. I have known him since the year 1839 ; I saw him in 
February or March of that year, and he seemed to be about two or 
three months old ; he was then a small helpless child—it was during 
cold weather. 

By same. From the best knowledge you have of the matter, state 
whether or not at the last August election he was twenty-one years old? 

Answer. I saw him at the time before stated,-and from what I kno»v 
of the circumstances I do not think he was. He said he thought he 
would be old enough to vote at the election last August. He told me 
since the election that he had never had to pay any poll-tax last year, 
from the fact that he was not old enough. He told me that he did not 
know how old he was. He said they had no family record at- home, 
but his uncle, William Stearman, had a book with his age recorded 
in it, and the rest of his brothers and sisters also. 

By same. For whom did Samuel Chaney vote for Congress at the 
August election in 1859 ? 


390 


KENTUCKY CONTESTED ELECTION. 


Answer. I did not hear him vote, and cannot read writing. I can¬ 
not, therefore, tell from the poll-book for whom he voted. 

By same. Do you know of any other Samuel Chaney in the said 
fifth voting precinct? 

Answer. I do not. 


Cross examined. 


By Chrisman’s attorney. As you cannot read or write, what enables 
you to remember the date in which you saw the child, Samuel Chaney ? 

Answer. I can neither read nor write ; I have a younger brother 
who was upwards of a year old when I saw Samuel Chaney in child¬ 
hood ; I arrive at the date or year in which I first saw said Chaney by 
what I have been told about the record of my younger brother’s age 
aforesaid, and what I know, have seen, and heard. 

By same Although you remember the event of your said younger 
brother’s birth, yet is it not true that you do not remember the year 
in which he was born, except what you have been told about the way 
the record of his birth reads ? 

Answer. I remember the event of my said brother’s birth, hut can’t 
remember the year in which he was horn, except by what I have been 
told about the record of his birth. 

By same. For whom did you vote at the last August election for 
Congress ? 

Answer. I voted for William C. Anderson for Congress at the last 
August election. 

By same. Are you not positive with regard to seeing Samuel Chaney 
in February or March, 1839 ; and was he not, as you before stated, a 
helpless infant not more than two or three months old at that time? 

Answer. 1 do not think that I am mistaken with regard to the date ; 
I know that it was about February or March, and that he was not 
more than two or three months old at that time. 

And further deponent saith not. 

his 

WILLIAM A. + CHAPMAN. 

mark. 

Attest: 


THOS. R. BARNETT, 
Presiding Justice Green County Court. 


The deposition of R. T. Chapman, taken at the same time and place, 
for the same purpose mentioned in caption above. Deponent, being 
duly sworn and of lawful age, says as follows : 

Question Are you acquainted with Seldon Renfro ? 

Answer. I am. 

Question. Where was he living during the year 1859? State all 
you know about his residence. 

Answer. He lived at John H. McGlasson’s, in Green county, Ken¬ 
tucky, until about February of the year 1859. He moved from there 
to Hart county, Kentucky, where he remained until about the third 
Saturday of July of the same year. He told me before leaving that 


KENTUCKY CONTESTED ELECTION. 


391 


he intended going to Samuel Renfro’s, in Hart county, for the purpose 
of making a crop with him. A week or more after the last August 
election he went to Hart county and brought his clothes hack to his 
father’s in Green county. 

By same. Did or not said Renfro reside at Samuel Renfro’s, in Hart 
county, from the time he left McGlasson’s, in February, until about 
the third Saturday in July, 1859? 

Answer. He did ; he told me so. 

By Chrisman’s attorney. When did Selden Renfro tell you that he 
resided at Samuel Renfro’s, in Hart county, from the time he left 
McGlasson’s, as you have stated, until the third Saturday in July last? 

Answer. It was the next day after the last August election. 

By same. Where did he go from when he went to Hart, as you 
have stated? 

Answer. He went from John II. McGlasson’s, in Green county. 

By same. Did said McGlasson reside in the same voting precinct of 
Green county that James L. Renfro, the father of said Selden Renfro, 
resided in ? 

Answer. He did. It was the upper Brush Creek precinct, No. 5, 
of Green county, Kentucky. 

By same. Was the said Seldon Renfro single or married ; and how 
old? 

Answer. He was single, and about twenty-eight years old. 

By same. What property had he ; and had he not always made his 
home at his father’s up to that time? 

Answer, fie had no property up to that time but his clothes that 
I know of. He had not made his home at his father’s all the time up 
to that time. 

By same. How do you know that he either went to Hart county, 
or lived there, as you have stated, except what he told you the next 
day after the late August election ? 

Answer. I know by what he told me before he went there. He 
told me he was going, and then after the election told me he had 
been. 

By same. Is what he told you all you know about it? 

Answer. That is all I know about it, is what he told me. 

By same. Did he or not always return to his father’s after working; 
elsewhere, and does he not now reside at his father’s? 

Answer. Before the last trip he always returned to William Coak- 
ley’s in the said fifth voting precinct of Green county, Kentucky. 

By same. How far from his father’s to the place he told you he 
went to in Hart county ? 

Answer. 1 don’t know anything about the distance. I have no 
knowledge of the place he said he went to in Hart county. 

By same. When he told you he was going to Hart county, did he 
or not also tell you he was coming back to Green county again? 

Answer. No, sir ; he did not. 

By same. Did he tell you that he never intended to return to Green 
county ? 

Answer. He said nothing about returning. 

By same. Do you know that he voted in the last race for Congress? 


392 


KENTUCKY CONTESTED ELECTION. 


Answer. I do not. 

By same. Do you know that he ever made any crop in Hart; or if 
he did, what he did with it? 

Answer. I do not, only what he told me. He told me he sold his 
crop in Hart. 

By same. What are your politics ; and for whom did you vote for 
Congress at the last August election ? 

Answer. I voted for Wm. C. Anderson for Congress. My politics 
are opposition. 

Question by counsel for W. C. Anderson. Is or not the Selden 
Renfro of whom you speak named William S. or William Selden 
Renfro? 

Answer. Yes. 

By same. Is he or not a man without a family ? 

Answer. Yes. 

By same. Had he or not been working for Wm. and Thomas 
Coakley and J. H. McGlasson, for several years before he went 
to Hart county in February, 1859 ; and did he or not make his home 
and claim his residence with those for whom he worked during the 
time he staid with them? 

Answer. Yes, sir ; for some two or three years, and of course he 
made his home and claimed his residence with them during the time 
he staid with them. 

By same. State whether or not he has resided or made his home at 
his father’s at any time within two years before the third Saturday 
in July last. 

Answer. I don’t think he has ; I live within a mile of his father’s. 
And further saith not. 

his 

R. T. 4- CHAPMAN. 

mark. 

Attest: THOS. R. BARNETT. 

Also the deposition of Tlios. C. Edwards, taken at the same time 
and place for the same purpose mentioned in caption. 

Deponent being of lawful age and duly sworn, testified as follows : 

Question by Mr. W. C Anderson’s attorney. State, if you know, 
for whom Wm. S. or Selden Renfro voted at the last August election 
for Congress. 

Answer. I don’t know for whom ; I have now before me the poll- 
hook for the fifth district in Green county, from which I see that Wm. 
S. Renfro voted for James S. Chrisman for Congress. 

By same. State whether or not the said Wm. S. Renfro told you 
that he was not a resident of Green county, and that he was not enti¬ 
tled to vote at the last August election ; state all he said on that 
subject. 

Answer. I was talking to the said Wm. S. Renfro about the election 
some time about the last of July last, and he told me that he was not 
entitled to a vote in this county; that he was a resident of Hart county, 
and was making a crop there. 

By Mr. Chrisman’s attorney. Did he tell you that he resided in 


KENTUCKY CONTESTED ELECTION. 393 

Hart county at the time you talked with him, as above stated, or that 
he had made a crop that year in Hart ? 

Answer. He told me he had just returned from Hart county the day 
before I talked with him ; that he had come over to my neighborhood 
to make up a school for a Mr. Coakley. 

By same. Did he return to Hart county any more after you talked 
with him as stated ? 

Answer. I don’t know anything about it where he went. 

By same. How came he to have this talk with you ; were you not 
insisting that he should vote for Mr. W. C. Anderson for Congress? 

Answer. I talked with almost every man I saw. I thought he lived 
in Green county myself at the time, and I may have been asking him 
to vote for Anderson ; I can’t say as to that ; think it more likely that 
way than any other ; when I found he did not live in the county I 
dropped him ? 

By same. Did you not first, or at the same time at least, think that 
he was not inclined to vote your way ? 

Answer. I thought that he had not voted my way for some time; 
but 1 thought I would give him a pop and get him to vote for Ander¬ 
son if I could, and every other one I could get. 

By same Did you or not have it in your head that if you failed to get 
his vote for Anderson, you would make the discovery that he was not 
entitled to a vote, and thereby prevent him from casting his vote for 
Chrisman ? 

Answer. I did not have such an idea in my head. 

By same. Who were present and heard the interview about which 
you have herein deposed. 

Answer. There was no person at all. 

By same. Did he or not learn that you desired his vote for Ander¬ 
son before he informed you that he was not entitled to vote, and are 
you not satisfied that he was merely attempting an evasion of your 
effort ? 

Answer. 1 don’t know whether he did or not; I would not think any 
man would tell a lie to avoid telling who he was going to vote for. 

By same. Were you not actively, and for some time prior to the late 
August election all your time, engaged for the success of Mr. Ander¬ 
son in the last race for Congress? 

Answer. I did what little I could to procure the election of Ander¬ 
son ; I was not all my time engaged for that purpose. August court 
was coming on, and I had a great deal of other business to do. I was 
the sheriff’ of Green county. And further deponent saith not. 

THOS. C. EDWARDS. 

Adjourned the taking depositions in this case until to-morrow morn¬ 
ing, 9 o’clock a. m. 

THOMAS R. BARNETT, P. J. G. C. <7. 

Parties by their attorneys met according to adjournment, January 
20, 1860, and proceeded to take other depositions in this case. 

THOMAS R. BARNETT, P. J. G. C. C. 


394 


KENTUCKY CONTESTED ELECTION. 


Also the deposition of William J. Underwood, taken at the sam 
time and place for the same purpose mentioned in first caption. De¬ 
ponent being of lawful age and duly sworn testified as follows : 

Question by Mr. Anderson’s attorney: State whether or not you 
are acquainted with William S. or Selden Renfro ; state also all you 
know about his residence, and for whom he voted for Congress at the 
last August election. 

Answer. I am acquainted with William S. Renfro ; he lived in 
Green county, Kentucky, at the time of the August election in 1859. 
He was a man of various occupations ; sometimes lived with William 
and Thomas Coakley in Green county ; was sometimes in the south 
with them, and sometimes lived with his father in Green county, Ken¬ 
tucky; hut two or three months (do not exactly know how long) be¬ 
fore the election he went to Hart county, Kentucky, to work on his 
uncle or cousin’s farm, where he remained until a few days before 
the election. I heard him say he would vote for Chrisman, and heard 
his vote cried by the sheriff for him ; and I saw his name record© 1 for 
him on the poll-books. 

By Mr. Chrisman’s attorney. Where do the parents of said Renfro 
reside ? 

Answer. In Green county in the fifth voting precinct where he voted. 

By same. Which of the places at which he worked, as you have 
stated, are in the same precinct? 

Answer. All of them except in Hart county and when he went 
south. 

By same. Did he or not tell you that he was going to Hart county 
to work awhile only ? 

Answer. He said he was going down to Hart county to work ; if he 
said whether he was or not coming back I have no recollection of it. 

By same. How far do you live from his father’s ? 

Answer. I lived then about one and a quarter mile; I now live 
about three and a half miles. 

By same. How far from the fifth voting precinct in Green county to 
where he said he was going to work in Hart county ? 

Answer. About thirty or thirty-five miles, I reckon ; 1 don’t know 
the distance exactly. 

By same. Does he or not now reside in the said fifth voting precinct 
of Green county, Kentucky ? 

Answer. I don’t know where he makes his home ; he is gone south 
now ; he did make his home at Coakley’s in the said fifth precinct be- 
for he started south ; at least he was working for the Coakleys; I don’t 
know whether he made his home with them or not. 

By same. What amount of intelligence has the said Renfro, and is 
he a lawyer or a young man of any knowledge or reading in the way 
of law ? 

Answer He is a young man of ordinary intelligence and common 
education ; he is no lawyer, and has no reading in that way as far as 
I know. 

By same. For whom did you vote for Congress in the last race ? 

Answer. For Wm. C. Anderson. 

And further the deponent saith not. 

WILLIAM J. UNDERWOOD. 


KENTUCKY CONTESTED ELECTION. 


395 


Also the deposition of P. M. Smith, taken on the 20th day of Jan¬ 
uary, I860, at the same place for the same purpose as mentioned in 
first caption above. 

Witness being of lawful age and duly sworn, deposes as follows: 

Question by Anderson’s attorney. State whether or not you are ac¬ 
quainted with Samuel Chaney, and if so, how long you have known 
him ? 

Answer. I am acquainted with him, and have known him nearly 
ever since his birth. 

By same. State all you know concerning his age, whether or not he 
was twenty-one years old at or before the last August election, and 
also give the reasons you have for remembering his age, if you have 
any. 

Answer. From all the knowledge I have on the subject, I do not 
think he was twenty-one years old at the last August election. The 
tacts as I know them are these: I have a son myself that will not be 
twenty-one years old until the 4th of February, 1860, and I know that 
there is not more than one month or six weeks’ difference in their 
ages ; therefore he could not have been twenty-one years old at the 
August election in 1859. And I do not know which was the oldest, 
he or my son. 

By same. Have you or not lived near the family for some years past, 
and are you not well acquainted with the family? 

Answer. I have lived near the family for twenty-four or five years, 
and have been acquainted with his father since I was a small mill boy, 
and I am now forty-one years old. 

By same. State whether or not you know for whom he voted for 
Congress in the last August election, and also whether you know of 
any other Samuel Chaney in the fifth district of Green county, Ken¬ 
tucky, or any other Samuel Chaney who lives any where in Green 
county. Kentucky. 

Answer. I did not hear him vote, but I see by reference to the poll- 
book of the fifth district of Green county, Kentucky, his name is re¬ 
corded for Mr. Chrisman for Congress. I know of no other person by 
that name either in that district or any where else in the county. 

[Chrisman, by his attorney, excepts to the reading of this deposition 
of P. M. Smith, because he hath had no notice that such witness would 
be examined on this 20th day of January, 1860, his name net being 
embraced in the original notice, which continues from day to day, and 
the amended notice does not; and not waiving such objection, proceeds 
to cross-examine the witness.] 

By Chrisman’s attorney. Is there not a bible record of the age of 
Samuel Chaney, aforesaid ? 

Answer. I don’t know of my own knowledge? 

By same. Have you any recollection of the year in which your son, 
about whom you have spoken, was born, distinct and unaided by your 
bible record of your son’s age ? 

Answer. I have no recollection of my said son’s age distinct and 
unaided by my bible record of his age. I go by my record in fixing 
his age. 

By same. Who made that bible record, and when was it made? 


KENTUCKY CONTESTED ELECTION. 


306 

Answer. I made the bible record of bis age, and pretty soon after 
be was born. 

By same. Are you sure that it might not have been another of Mr. 
Chaney’s children whose age differed from your son’s age only a month 
or six weeks, and not the said Samuel? 

Answer. I don’t think I am mistaken about its being Samuel, be¬ 
cause I have still a younger child whose age does not differ much from 
the age of Mrs. Chaney’s next child; myself and Mrs. Chaney have 
spoken of these things when we lived near each other. 

By same. You do not remember the said Samuel by name when he 
was a small child, do you? 

Answer. I remember him by name, I suppose, from the time he was 
named ; I have known him pretty much from his birth ; I have fre¬ 
quently been called into the family to bleed and administer medicine 
to them. 

By same. You do not know that the name of Samuel Chaney which 
you have seen on the poll-book and the vote thereto annexed was placed 
there by the direction of the said Samuel Chaney, or-that it is his 
name and vote, do you, or that the said book is the true poll-book 
which it purports to be ? 

Answer. 1 do not know how it came there ; I do not know whether 
the book 1 have examined is the true poll-book or not; Chrisman’s attor¬ 
ney admits it to be the true poll-book ; witness states that he knows 
of no other Samuel Chaney in Green county, and is pretty well 
acquainted in the county. 

By same. Where does the said Samuel Chaney now reside? 

Answer. >In Green county, and the 5th precinct there. 

Question by Anderson’s attorney. State whether or not from the 
fact that you placed the name of your son on your bible record, and 
other things which were impressed upon your mind at the time, you 
are not satisfied you are correct about Samuel Chaney’s age. 

Answer. Yes; I am satisfied from the circumstances that I men¬ 
tioned above. 

And further deponent sayeth not. 

P. M. SMITH. 

Also the deposition of Mrs. Sarah A. Chapman, taken at the same 
time and place of the one above, and for the same purpose as men¬ 
tioned in caption of first. 

Deponent being duly sworn, and of lawful age, deposetli and sayeth 
as follows: 

Question by Anderson’s attorney. State whether or not you are 
acquainted with Samuel Chaney ; and if so, how old he was at the 
Pst August election, whether or not he was twenty-one years old at 
that time. 

Answer. I am acquainted with Samuel Chaney, and have been 
since the year 1839, and I don’t think that he was twenty-one years 
old at the last August election ; reason why I remember his age is, 
that myself and Mrs. Smith, and Mrs. Chaney, the mother of Samuel 
Chaney, were all at my brother Win. Stearman’s, and we all had 
'children, which were infants ; this was in the latter part of February 


KENTUCKY CONTESTED ELECTION. 


3j7 

or 1st of March, 1839, and Samuel Chaney then was but a small 
babe, not more than two or three months old. 

[Chrisman, by his attorney, excepts to this deposition of Mrs. Sarah 
A. Chapman, because he has had no notice that such witness would 
be examined, and not waiving the exception, proceeds to cross-examine 
the witness.] 

By Chrisman’s attorney. What enables you to remember the year 
in which yourself, Mrs. Smith, and Mrs. Chaney were at Mr. Stear- 
man’s ? 

Answer. I was fixing to move away at the time, and moved a few 
weeks afterwards, and 1 know it was in the year 1839 that we moved. 

By same. Were you and Mrs. Smith, and Mrs. Chaney all together 
at Win. Stearman’s only once? 

Answer. Only once that spring. 

By same. Are you sure that the young child which Mr. Chaney 
then had at Stearman’s might not have been another of her children, 
and not Samuel. 

Answer. It was Samuel ; I remember him by name. 

By same. How many children have you ? 

Answer. I have eight. 

By same. Please give me the date of each one’s birth ? 

Answer. I have the dates of their births at home, but may not 
recollect right, and am unwilling to undertake to give the dates of 
their births. 

By same. Can you give me the date of your marriage ? 

Answer. 1 don’t know that I can ; I have that at home, also. 

By same. Have you any record of the year in which you moved 
after seeing Mrs. Smith and Mrs. Chaney at Stearman’s, as you have 
stated ? 

Answer. I don’t know for certain that I have ; I may have it some¬ 
where. 

By same. Can you recollect the date of any other transaction or 
event that you have ever witnessed except the date of said move in 
1839 ? 

Answer. I know the dates of some of my children’s births, I think. 

By same. Do you recollect the date in which you made any other 
move; if so, give it? 

Answer. I don’t know that I could state positively the date of any 
other move or moves. 

By same. How often have you moved in all ? 

Answer. I think I have moved about eight times, short distances, 
except the one mentioned. 

By same. W^hat year is this since the Christian era? 

Answer. It is 1860. 

By same. In what year were you born ? 

Answer. In 1811. 

By same. How old does that make you ? 

Answer. Forty-nine on my birth day. t . 

Question by Anderson’s attorney State whether or not it is not 
from the fact that your father died in 1839, and also from the fact 
that you moved further than at auy time previous ? 


398 


KENTUCKY CONTESTED ELECTION. 


Answer. It was because my father died in the year 1838, and from 
the fact that I was about to move further at that time than I had ever 
moved before. 

And further deponent sayeth not. 

her 

SARAH + A. CHAPMAN. 

mark. 

Witness: 

THOMAS R. BARNETT. 

Also the deposition of M. J. Lewis, taken at the same time and 
place as the above, and for the same purpose as that mentioned in first 
caption. 

Witness being duly sworn, and of lawful age, deposeth and sayeth 
as follows : 

Question by Anderson’s attorney. State whether or not you are 
acquainted with William Romines, and also where he was living at 
and before the August election ? 

Answer. I am acquainted with said Wm. Romines ; at the time of 
the August election, 1859, he lived with Fielding Vaughn, about half 
a mile from the Green county line, in Hart county, Kentucky, and 
had lived there for about one year before the election ; I do not know 
where the line is only from what I have heard persons generally say ; 
I know that those who lived at the place he was at always voted in 
Hart county. 

By same. State whether or not he did not remain in that county 
after the election for some time ? 

Answer. Yes ; he was in that county for some time after the 
election ; when he moved from that place he went to Robinson’s 
creek, in Taylor county, at least he told me that he was going there, 
and the man who moved him came by my house with the wagon. 

By same. State whether or not he owned any farm or house in 
Green county ? 

Answer. I don’t think he owned a house or farm anywhere. 

By Chrisman’s attorney. What family had Wm. Romines, and 
where did they reside at the last August election ? 

Answer. He had two children, small children, and they lived at 
his father’s, in the 4th voting precinct of Green county. 

By same. How far from the place he was at (supposed by you to be 
in Hart county) to his father’s ? 

Answer. Something near four miles. 

By same. Where were his clothes and washing during his stay at 
the said place? 

Answer. I don’t know. 

By same. When he went to Fielding Vaughan’s, as stated, where 
did he go from ? 

Answer. He went from his father’s, I reckon ; he never made any 
steady home auywhere much before he went to Vaughn’s. 

By same. Did he ever have a home that you know of before going 
to said Vaughn’s except at his father’s ? 

Answer. Not that I know of. 

By same. Who did you ever hear vote in Hart county who resided 


KENTUCKY CONTESTED ELECTION. 399 

at the said Vaughan’s place where said Romines stayed as you have 
stated ? 

Answer. Samuel Bennet, an old man. 

By same. Do you kno* of your own knowledge where the Green 
county line runs, or that part of it which runs near said Fielding 
Vaughn’s ? 

Answer I don’t know where it runs of my own knowledge ; 
Vaughn, as I have stated, lives near a half mile from where I have 
heard people say it runs. 

By same. What was said Romines following while at Vaughn’s? 

Answer. I don’t know exactly what. 

By same. How far did you live last August from said Fielding 
Vaughn’s. 

Answer. Between five and six miles, I reckon. 

By same. How often did you see said William Romines at said 
Vaughn’s ? 

Answer. I saw him there several times, I reckon. 

By same. What was he doing when you saw him there? 

Answer. Knocking about the house. 

By same. Was it on Sunday or business days that you saw him at 
Vaughn’s ? 

Answer. Both in the week and on Sunday. 

By same. Did you not as often see him at his father’s during the 
same time ? 

Answer. I never saw him at his father’s more than twice during 
that time. I was not at his father’s often ; I lived two miles from his 
father’s. 

Question by Mr. Anderson’s attorney. State whether or not the 
said William Romines did not tell you that he made his home at the 
said Fielding Vaughn’s. 

Answer. He did. 

By same. State whether or not the Samuel Bennett who you heard 
vote did not live at the same place at which Fielding Vaughn, before 
spoken of, then lived. 

Answer. He did. 

By same. For whom did William Romines vote for Congress at the 
last August election ? 

Answer. I did not hear him vote, but I see his name recorded on 
the poll-book for district No. 4, of Green county, Kentucky, as voting 
for Mr. Chrisman. 

And further deponent saith not. 

M. J. LEWIS. 

Also the deposition of Thompson Lowe, taken at the same time and 
place as the above, and for the same purpose as mentioned in the first 
caption. 

Witness, being of lawful age and duly sworn, deposeth and saith 
as follows: 

Question by Anderson’s attorney. State whether or not you are 
acquainted with Daniel Sullivan, sr., and, if you are, where he has 
made his home for the last two or three years. 


400 


KENTUCKY CONTESTED ELECTION. 


Answer. I have been here about thirty years, and have known him 
about twenty-eight years at least; he first lived in Green county, 
Kentucky; from thence he moved to Hardin county, where he remained 
one or two years, and made one or two crops ; I have been at his house 
in Hardin county, Kentucky ; he moved back from Hardin to Green 
county, Kentucky, about twelve or fifteen months ago, I think ; he 
came to Green county, Kentucky, in the fall and about Christmas ; 
he left this county again, and he told me he was going to Adair 
county to live with his son George ; he remained there for some time, 
but told me that they did not get along there very well, and that he 
intended leaving there; he has not very many clothes—usually car¬ 
ries them with him wherever he goes; he returned again to Green 
county, Kentucky, about the 8th or 10th of June, 1859; he told me 
that he was going back for his clothes. 

By same. State whether or not he is not a man that moves from 
place to place, having no home or residence of his own ? 

Answer. I suppose that he has no home or residence in this county ; 
he never had any residence that I know of, only in Hardin county ; 
he left his wife in Hardin county where she remained until some one 
brought her back to Green, as I understood. 

By same. State whether or not before he went to Hardin county he 
did not claim your house as his home ? 

Answer. He did on one occasion, I know. He voted in our district 
once ; I think probably he was sworn, but cannot say. 

By same. State whether or not you live in the Graves precinct No. 
2, in Green county, Kentucky. 

Answer. I do ; and have voted there every year since it has been a 
precinct. 

[Chrisman’s attorney excepts to the reading of the foregoing deposi¬ 
tion of Thompson Loe or Lowe, because he hath had no notice that 
such witness would be examined on this day, January 20, 1860, his 
name not being in the original notice, which provides for continuing 
from day to day, commencing on the 19th January, 1860, but in the 
amended notice, which embraces the 19th of January only, and not 
waiving such exception, proceeds to cross-examine.] 

Question. Has or not the Daniel Sullivan, of whom you have 
spoken, resided in Green county, Kentucky, nearly all the time for 
the last twenty-eight years? 

Answer. He has with the exception of two or three years. 

By same. While in Hardin county, as you have stated, had he or 
not a wife with whom he lived and cohabited at that time? 

Answer. He had a wife with whom he lived at that time. 

By same. When he returned to Green county, as you have stated, 
did he or not abandon and separate from his wife? 

Answer. When he returned from Hardin, as I have stated, he left 
his wife there, and said he never intended to live with her any more. 

By same. Has he ever lived with her since ? 

Answer. I think not. 

By same. In what voting precinct of Green county does Samuel B. 
Sullivan, with whom the said Daniel Sullivan sometimes lives, reside? 

Answer. In the second precinct. 


KENTUCKY CONTESTED ELECTION. 401 


By same. Where did the said Daniel Sullivan return to first when 
he came from Hardin county ? 

Answer. I expect he made his first stop at my home, as that was 
the nearest point to Hardin county, where he came from. 

By same. Where did he reside from the 8th or 10th of June last 
until the August election? 

Answer. He was sometimes at my home, sometimes at S. B. Sul¬ 
livan’s, and the widow Sullivan’s ; I saw him at William Finn’s once, 
of Green county ; I never saw him at said Finn’s but once ; I judge 
more from seeing him pass in the direction of Finn’s. 

By same. Has he any property, or children residing with him? 

Answer. He has a fine mare—that is all, and has but one child ; he 
is married and residing in Adair county, Kentucky. 

By same. In what voting precinct of Green county, Kentucky, does 
William Finn, where you saw said Daniel Sullivan, reside? 

Answer. In the town precinct No. 1, I suppose. 

By same. Have you or not frequently seen the said Daniel Sullivan 
passing to and fro in the direction to and from said William Finn’s? 

Answer. He frequently starts from my house in that course and 
comes back the same course. 

By same. Is that the proper course to S. B. Sullivan’s, or to any 
other places which the said Daniel Sullivan visits, except the said 
William Finn’s ? 

Answer. It is the proper course to Enoch Sullivan’s as well as to 
William Finn’s ; the said Enoch Sullivan is his brother, and lives in 
the town precinct No. 1 of Green county, Kentucky. 

By same. Has or not the said Daniel Sullivan many other relations 
residing in the town precinct No. 1 of Green county, Kentucky? 

Answer. None but Enoch’s family that I know of. 

By same. Has he or not frequently kept his clothes at said Enoch’a 
or Finn’s? 

Answer. Not that 1 know of. 

By same. Do you know, except from what he said, that he went to 
his son’s in Adair county ? 

Answer. I do not, except what he told me. 

By same. Does he or not talk a good deal that is not reliable? 

Answer. I think he is a man of truth pretty much when sober. 

Question by Anderson’s attorney. State whether or not Samuel 
B. Sullivan, the widow Sullivan, and yourself live in the Graves pre¬ 
cinct of Green county No. 2. 

Answer. Both they and myself live in precinct No. 2. 

By same. State whether or not Daniel Sullivan is a truthful man. 

Answer. He is one of the best behaved men when sober I ever saw ; 
I don’t think that he would tell a lie for gain, or to the damage of 


any one. 

And further this deponent saith not. 


THOMPSON LOWE. 


Adjourned the further taking of depositions in this cause until to¬ 
morrow morning at 9 o’clock A. M. _ ^ ^ ^ 

THOMAS R. BARNETT, P. J. G. C. C. 
H. Mis. Doc. 11-26 


402 


KENTUCKY CONTESTED ELECTION. 


January 21, 1860. 

Parties by their attorneys met according to adjournment, and pro¬ 
ceeded to take other depositions. 

THOMAS R. BARNETT, P. J. G. C. C. 

Also, the deposition of Samuel T. Wilson, taken at the same place, 
on the 21st day of January, 1860, for the same purpose as mentioned 
in first caption at the beginning. 

Witness being of lawful age and duly sworn, deposeth and saith as 
follows : 

Question by Anderson’s attorney. State whether or not you were in 
the clerk’s office of Green county, Kentucky, on Tuesday the 2d day 
of August, 1859, the day after the election, and whether or not the 
poll-books were not in from the various precincts and open at that 
time. 

Answer. I called at the county clerk’s office, of Greene county, in 
the morning, the Tuesday after the election, and asked Mr. Marshall, 
the clerk, what the vote of the county was ? He told me that all the 
poll-books were in except from one precinct; he said he had not 
opened the hooks, hut would do it so soon as Judge Barnett came in. 
I called again in the evening of the same day, about one o’clock, and 
the books were open and various persons were examining them. 

By same. State whether or not if any one might not have altered said 
poll-books without the knowledge of the clerk if they had desired. 

Answer. I can only answer that in this way ; different persons were 
in the office and some of them had the poll hooks of one or more pre¬ 
cincts at one table examining them, while Mr. Marshall, the clerk, was 
engaged at another table examining others. 

By same. State if you know when the regular certificate was made 
out by the hoard. 

Answer. I was in the office on Tuesday, Wednesday, and Thursday, 
and I received an official statement on Thursday, and that is the day 
I think the final comparison was made. 

By same. State whether or not you are acquainted with Isaac Hart- 
field ; also, whether or not he is a foreigner. 

Answer. I am acquainted with Isaac Hartfield, and from what he 
and his brother both told I know him to be a foreigner ; he told me 
himself that he was born in Germany. 

By same. State whether or not he has ever been naturalized. 

Answer. He told me that he had never been in court hut once for 
that purpose, and that was in 1852, in Louisville, Kentucky ; that 
he took some kind of an oath and got some kind of paper at that 
time, hut did not know whether it was a naturalization paper or not; 
that he did not now have it, nor did he have it at the August election; 
that his children had destroyed it. He told me that he was now about 
thirty-six years old ; that he was about twenty-nine years old when 
he came to the United States. 

By same. State whether or not you know for whom he voted for 
Congress at the August election. 

Answer. I understood him that he voted for Chrisman, and see 


KENTUCKY CONTESTED ELECTION. 403 

bis name so recorded on the poll-hooks for precinct No. 4 for Green 
county, Kentucky. 

By same. State whether or not you know the politics of the hoard 
of examiners of the poll-books of Green county, Kentucky, and who 
they were. 

Answer. Two of the board were democrats, Judge Barnett, and 
Marshall, clerk ; Thomas C. Edwards was an American, but took no 
part in the comparison, but signed the certificate after the compari¬ 
son was made. The full board are, Thomas It. Barnett, jude:e of the 
county court ; Robert Marshall, clerk of county court; and Thomas 
C Edwards, sheriff of Green county, 

By same. State whether or not Thomas C. Edwards was present on 
Tuesday when you first saw the poll-books open. 

Answer. I do not think he was. 

By Mr. Chrisman’s attorney. Was or not the first count made on 
Tuesday next after the election, as you have stated, the same as that 
afterwards made and certified by the Green county board to the State 
board of canvassers ? 

Answer. The county board did not make any counton Tuesday that 
I know of. The statement I, with the aid of Mr. Marshall, the clerk 
of the county court, got from the poll-hooks on Tuesday, gave Mr. 
Chrisraan a majority of 198 votes in Green county; the official vote 
turned out to be 199 majority for Chrisman in Green county, which I 
suppose was right. 

By same. Did you see the poll-books unsealed ? 

Answer. I did not see the seals broke, but saw them, as stated, 
after they had been opened. 

By same. If the said clerk and county judge first broke and ex¬ 
amined them, could they afterwards have been altered without detec¬ 
tion by said officers, with due diligence on their part? 

Answer. If they had counted and ascertained the true majority on 
first examination, and remembered that majority, they, of course, 
could detect an alteration which would change that majority; but alter¬ 
ations, in my opinion, might be made which they could not detect in 
any other way. 

By same. Did you ever see and know any of the poll-books for 
Green county at the last election out of the possession of the county 
court clerk before the vote thereof was certified to the State board ? 

Answer. I never did. I always saw them before that time in his 
office. 1 think he was always present in the office. 

By same. Are you or not satisfied that when you saw the Naid poll- 
books opened as you have stated, there were always persons of both 
political parties present? 

Answer. I don’t know anything about that ; I cannot state. 

By same. Were you or not deputy clerk of the county court for 
Green county at the time of the last August election, before, and 
since ? 

Answer. I was. 

By same. What are your politics, and for whom did you vote for 
Congress at the last August election ? 


404 


KENTUCKY CONTESTED ELECTION. 


Answer. I belong to the American party, and voted for Mr. Ander¬ 
son for Congress, and for one or two democrats, at the last election. 

By same. Are you or not satisfied that the reason why Mr. Ed¬ 
wards, the sheriff, was not present when the books were opened, wa9 
because he resides in the country and was not in town at the time? 

Answer. My recollection is, that he did not come into the office in 
time ; he resides six or seven miles in the country. 

By same. Has it or not been the custom of the officers of Green 
county charged with the custody of the poll-books after the election to 
open them before the day appointed by law to make their certificate, 
to ascertain the true vote for the accommodation and satisfaction of 
all concerned ? 

Answer. I know I have seen them opened before the day for cer¬ 
tifying the vote prior to last August. 

And. further deponent saith not. 

S. T. WILSON. 

Also the deposition of Nicholas McCubbin, taken at the same time 
and place as the above, and for the same purpose as mentioned in the 
caption at the beginning : 

Witness being of lawful age, and duly sworn, deposeth and sayeth 
as follows: 

Question by Anderson's attorney. State whether or not you are ac¬ 
quainted with Samuel Bennett, jr.; and also state whether or not he 
was living in this State at and before the last August election ; state 
all you know about him in any way. 

Answer. I am acquainted with him, and have been since he was a 
small boy ; he lived in Kentucky until about the year 1857, when he 
left this State in company with my nephew, who had hired him to go to 
the State of Illinois with him to work for nim one year. He returned 
to Kentucky again in the year 1858, about October I think, and was 
living in Green county, Kentucky, at the last August election. 

By same. State whether you know he intended to make Illinois his 
home. 

Answer. The only means I have to know where he intended to 
make his home is from the letter I spoke of yesterday ; I have since 
made diligent search for said letter, and have been unable to find said 
letter; but I remember that in the letter which I received from him, 
while he was in Illinois, requesting me to pay off some debts for him, 
telling me in the same letter that he would settle with me himself 
some time when he came into Kentucky, or would send me the money; 
he told me in the same letter that he did not expect to make Ken¬ 
tucky his home any more, though he expected to return some time to 
settle up all his business. 

By same. State whether or not since his return to Kentucky he has 
ever referred to or mentioned said letter. 

Answer. I have no recollection whether he did or not; I did not 
pay out any money for him. 

By same. State whether or not you know for whom he voted for 
Congress at the last August election. 

Answer. I did not hear him vote, but see his name recorded on the 


KENTUCKY CONTESTED ELECTION. 405 

poll-book of precinct No. 4 of Green county as voting for James S. 
Chrisman. 

By same. State whether or not you know of any other Samuel Ben¬ 
nett in said district. 

Answer. So far as my knowledge extends I think there is no other, 
and I am tolerably well acquainted in said district. 

By same. State whether or not you are acquainted with William P. 
Homines ; and whether or not you know where his residence was at and 
before the August election in 1859. 

Answer. I am acquainted with him, and have been for some time; 
for some time before the August election he was living in Hart county, 
Kentucky, with Fielding Vaughn; I have seen him there frequently; 
he remained there until some time in December since the election. 
When he left there he moved to Taylor county, Kentucky. 

By same. State whether or not he claimed that as his home. 

Answer. He did ; he told me that he wished me to post up my ac¬ 
counts against him, as he had been living with Vaughn for a long time, 
and wished to settle with him, and see what he had been doing, as 
Vaughn was to pay off his accounts with me; and Vaughn also told 
me that he would pay Romines’s accounts with me. 

By Chrisman’s attorney. Did or not the said Samuel P. Bennett 
purchase a piece of land in Green county, Kentucky, before he went to 
Illinois to work a year as you have stated ; and did he or not go to 
work a year as stated for the purpose of raising money to pay for the 
land which he left unsold; and did he not return and pay for the land? 

Answer. He did purchase a piece of land in Green county, Kentucky, 
before he went to Illinois to work as I have stated ; l suppose he went 
to work in Illinois to raise money to pay for the said land. He left 
the land unsold. I learned that he sent a check to bis father before 
his return, and paid mostly for the land before he returned ; this I 
learned from him after he returned. 

By same. Did he or not return and reside upon the said tract of 
land? 

Answer. He did return and reside upon said tract of land up to 
some time back, when he sold it out. 

By same. How was the land used and occupied during his stay in 
Illinois? 

Answer. Mr. William Jewell rented the land of the said Mr. Ben- 
net before Bennet started to Illinois. 

By same. Was or not the said Mr. Bennet a single man until after 
he went and returned from Illinois? 

Answer. He was; he married a little over twelve months back. 

By same. Are you acquainted with the handwriting of the said Mr. 
Bennet? 

Answer. I can’t say I am very well acquainted with it, his scholar¬ 
ship is very limited. 

By same. Whose handwriting was the letter you received and have 
spoken of in ? 

Answer. I do not know; the letter had his name to it, and pur¬ 
ported to be from him ; I don’t know who wrote it. 


406 


KENTUCKY CONTESTED ELECTION. 


By same. Does or not the said Bennet still reside in Green county, 
Kentucky ? 

Answer. I suppose he does. 

By same. How long was he in Illinois? 

Answer. He left here, in my recollection, in the latter part of Feb¬ 
ruary, 1857, and returned in the fall of 1858. 

By same. Did he have any other property here save his land, while 
he was in Illinois ? 

Answer. None that I know of. 

By same. Have you or not heard him say since his return that he 
all the time intended returning? 

Answer. He said he wrote to his father to sell his land and move 
out to Illinois, and if his father had done so, he would not have come 
hack to Green county, Kentucky. 

By same. Before he started, did he or not say he was going to work, 
and intended returning to Green county, Kentucky? 

Answer. I don't know whether he used them words or not, but 
such was my understanding. 

By same. Were you along when the line between Green and Hart 
counties, near Fielding Vaughn’s, was run at any time? 

Answer. I was, two or three times. 

By same. Was or not William P. Homines a widower when he 
lived at Fielding Vanghn’s, in Hart county, as you have stated, and 
had he not two small children residing at his father’s, in the fourth 
voting precinct of Green county, Kentucky? 

Answer. I suppose he was a widower at that time ; I think he had 
two or three children, which were all he had, so far as I know, resid¬ 
ing at his father’s in the fourth voting precinct of Green county, 
Kentucky, during the time he was at Fielding Vaughn’s. 

By same. How far from Fielding Vaughn’s, where he staid in Hart 
county, to his father’s in Green county, Kentucky? 

Answer. A part of the time it was not more than three-quarters of 
a mile, and a part it was about two or two and a half miles. 

By same. Did or not the said William P. Romines keep his clothes 
and washing at his father’s while he was at Vaughn’s? 

Answer. I do not know ; I suppose he did, from the fact that I saw 
him pass in the direction of his father’s several times. 

By same. Were his trips to his father’s mostly on Saturday even¬ 
ing and Sabbath, or not ? 

Answer. I could not say. 

By same.. Did he not reside in Green county, Kentucky, and keep 
house therein up to the death of his wife? 

Answer. I learn from him that he did. 

By same. When his wife died, did he not move his children and 
household to his father’s? 

Answer. I learned from him, I think, that he did. 

By same. Have you ever known him to move any of that property 
from his father’s before the last August election? 

Answer. I never knew him to move any of said property from his 
father’s. 


KENTUCKY CONTESTED ELECTION. 407 

By the same. What are your politics, and for whom did you vote 
for Congress, at the last August election ? 

Answer. I belong to the American party, and voted for William C. 
Anderson for Congress, last August. 

By same. Were you not active and zealous for Mr. Anderson? 

Answer. I tried to do less in the last race than I have for a good 
while. 1 talked for Mr. Anderson every convenient chance. 

Question by Anderson’s attorney. State whether or not the letter 
you spoke of having received from Samuel Bennett, jr., did not con¬ 
tain such f acts that enabled you to know that it was either written or 
dictated by himself. 

Answer. He told me before he left, that he wished me or Redmun 
Parker to settle up his business for him, and that he would write to 
one or the other of us. 

By same. State whether or not this letter was not with regard to 
his business. 

Answer. It was. 

By same. State whether or not you know anything of your personal 
knowledge about the place that W. P. Romines had his washing doue? 

Answer. I have stated that I did, of my own knowledge. 

And further deponent saith not. 

N. McCUBBIN. 

Also, the deposition of William Ball, taken at the same time and 
place of the above, and for the same purpose mentioned in first cap¬ 
tion. Witness being of lawful age and duly sworn, deposeth and saith 
as follows : 

Question by Anderson’s attorney. State whether or not you are ac¬ 
quainted with Thomas Elmore, and for whom he voted for Congress 
at the last August election. Also, state all you know concerning his 
age. 

Answer. I do not know anything about his age only what he told 
me himself. On the day of election he told me that he attempted in 
the morning to vote for Anderson, but they objected on account of his 
age, and in the evening I saw him again, and he told me that he had 
voted. I asked him who he voted for. He said for Chrisman, and 
that they did not ask him a question. I remarked to him that he 
was old enough to vote for Chrisman, but too young to vote for An¬ 
derson, and he replied, yes, and walked off. 

[J. S. Chrisman, by his attorney, excepts to the readiug of the fore¬ 
going depositions of Nicholas McCubbin and William Ball, because 
their names are not embraced in the original notice, which was for the 
nineteenth instant, and to continue from day to day ; and the second 
notice, which embraces said witnesses, embraces the nineteenth day of 
January only, this being the twenty-first, and, not waving such ex¬ 
ception, proceeds to cross-examine.] 

By Chrisman’s attorney. Do you know who he meant when he said 
that they objected to his voting in the morning ? 

Answer. He did not say. I suppose it was the election officers. 

By same. What are your politics, and for whom did you vote at the 
last August election for Congress, and did you not try the said Elmore 
to vote for Anderson ? 


408 


KENTUCKY CONTESTED ELECTION. 


Answer. I don’t belong to any political party. I vote both ways. 
I voted for Anderson last August, for Congress. I did not try to get 
him to vote for Mr. Anderson. He came to me in the morning and 
told me what I have stated above. 

And further deponent saith not. 

WILLIAM BALL. 

Also, the deposition of John B. Carlile, taken at the same time and 
place of the above, and for the same purpose as mentioned in first 
caption, at the beginning. Witness being of lawful age and duly 
sworn, deposeth and saith as follows. 

Question by Anderson’s attorney. State whether or not you are ac¬ 
quainted with Daniel Sullivan, jr., usually called little Dan Sullivan, 
and whether or not you saw him on the day of the August election, 
1859, and for whom he voted for Congress at that election, and also 
what his condition was; whether or not he was sober or drunk. 

Answer. I am aquainted with him, and I saw him on the morning 
of the election. I went with him to the polls and heard him vote for 
William C. Anderson. He was duly sober. The reason I remember 
so well about it is, that I knew an effort was making to get him to 
vote for Chrisman ; and he had promised me that he would vote for 
Anderson, and I wished to see him carry out his promise. And fur¬ 
ther deponent saith not. 

J. B. CABLILE. 


Also the deposition of William N. Vaughan, taken at the same 
time and place of the above, and for the same purpose mentioned in 
first caption. Witness being of lawful age, and duly sworn, deposeth 
and saith as follows : 

Question by Anderson’s attorney. State whether or not on Tuesday 
after the August election, 1859, Q. II. Eastes brought the poll-book 
of district No. 5, of Green county, Kentucky, to your store in Greens- 
burg ; and also tell all you know about said poll-book. 

Answer. Q. H. Eastes brought the poll-book of precinct No. 5, of 
Green county, to my store, and requested me to seal it for him. I 
told him I was rather a poor hand, but would get some one to do it 
for him. I stepped to the door and saw Mr. J. T. Goulder, and 
called him in, and he sealed it. I asked him what the vote was for 
that precinct, and he handed me the book and told me to see for my¬ 
self ; but I did not look to see what the vot§ was, thinking perhaps 
I had no right to do so, and that it might be wrong. This occurred 
on Tuesday morning after the August election, 1859. 

By same. State if you know for whom Daniel Sullivan, sen., voted 
for Congress at the last August election. 

Answer. I heard him vote for Chrisman. 

By same. State whether or not you are acquainted with Wm. Tran- 
senditer, and also whether or not you know for whom he voted for 
Congress at the August election, 1859. 

Answer. I am acquainted with Mr. Transenditer, and I understood 
some time before the election that he intended to vote for Anderson, 


KENTUCKY CONTESTED ELECTION. 


409 


and I went to him and he told me that he intended to vote for Ander¬ 
son, but that there was some dispute with regard to his place of 
voting. He said that he had been in the Greensburg precinct for 
sixty-three days, and that he thought that this was the place for him 
to vote ; that it had been his intention to make Green county his 
home from the time he left Adair county, Kentucky, and that it had 
been his intention all the time to get a house if he could in Green 
county to move his family into ; that he had made a bargain with Mr. 
Patterson for a house some time before the election ; that the bargain 
was not entirely complete, but he thought he would get the house, 
but that if he did not get that house, he would get another house in 
Greensburg, called the Tucker House, and would move anyhow. I 
told him if there was any doubt about his place of voting, he must go 
to Adair and settle the matter. He left Greensburg, and told me 
that he had seen Judge Melson in Adair county, who lived in his 
former precinct in that county, who had been a judge of the election 
frequently, and he told him that Greensburg was his place to vote. I 
was present, and heard him tell the judges of the election at Greens¬ 
burg that there was some dispute about his vote. This was after he 
had voted, and that he knew he had a right to vote somewhere, and 
wished them to decide then, for he then had time to go back to Adair 
and vote. If they said he should not vote, he would go back to 
Adair if he had to walk. They decided that Greensburg was the 
place. Since the August election he has procured the Patterson 
House, and is now living in the Greensburg precinct, Green county, 
Kentucky. 

By same. For whom did you vote for Congress at the August elec¬ 
tion, 1859 ? 

Answer. I voted for Anderson. 

By Chrisraan’s attorney. Was or not the said William G. Transen- 
diter working by the month in Greensburg, with H. T. Hagan, prior 
to the last August election, and his family still residing until long after 
said election in Milltown, Adair county, Kentucky, where said Hagan 
went and hired him ? 

Answer. He was at work with Hagan, I don’t know how. He told 
me his family were still in Milltown, Adair countv, Kentucky, where 
they remained, as he tells me, until some time after the last August 
election, when he brought them to the 1st voting precinct in Green 
county, Kentucky. On the 20th of August last he closed his contract 
in writing for the house, as he said. 

By Anderson’s attorney. State whether or not you are acquainted 
with Isaac Hartfield, and whether or not he is a foreigner? 

Answer. I am acquainted with him. I saw him at his brother’s a 
few days after he came to Green county. I think that was 1853. On 
yesterday he told me that in Louisville once he went into court and 
got a paper, but he did not know what it was ; that he never was in 
court only at that time ; that the paper he got his little child des¬ 
troyed. 

And further deponent saitli not. 


W. N. VAUGHN. 


410 


KENTUCKY CONTESTED ELECTION. 


Adjourned the further taking of depositions in this case until Monday 
morning, 9 o’clock. 

THOMAS R. BARNETT, P. J. G. C. C. 

Met pursuant to adjournment, Monday morning, 9 o’clock, Jan¬ 
uary 23, 1860. 

THOMAS R. BARNETT, P. J. G. C. C. 

Also the deposition of Samuel B. Sullivan, taken on Monday, Jan¬ 
uary 23, 1860, at the same place of the above, and for the same pur¬ 
pose as that mentioned in the first caption at the beginning : 

Witness being of lawful age and duly sworn, testifieth and saith as 
follows : 

Question by Anderson’s attorney. State whether or not you are 
acquainted with Daniel Sullivan, sen., and also whether or not you 
know where his residence was at and before the August election, 
1859, and also if you know in what precinct he was at that time ? 

Answer. I am acquainted with Daniel Sullivan, sen.; for sometime 
before the August election he was part of the time at his son George’s, 
in Adair county, Kentucky, and part of the time at my house ; part 
of the time at Thompson Lowe’s, and part of the time at my mother’s. 
Myself and mother and Mr; Lowe live in the Graves precinct of Green 
county, No. 2. 

By same. State whether or not he made his home in Adair county, 
Kentucky, and about how long he lived there ? 

Answer. He went to Adair county about Christmas, to make a crop 
with his son, and they did not get along very well, and he came back 
to Green county some time in June, 1859. 

By same. State whether or not he had any farm or house of his 
own anywhere. 

Answer. He did not have any farm or bouse anywhere. 

By same. State whether or not previous to the time he went to 
Adair county, Kentucky, he had been living in Hardin county, Ken¬ 
tucky. 

Answer. He lived in Hardin county, Kentucky, for about two years, 
I think, previous to the time he went to Adair county. He did not 
own a farm down there, but rented one. 

By same. State whether or not he ever had any home anywhere 
after he left Hardin county, before going to Adair. 

Answer. I do not know whether he did or not; he was part of the 
time at my house, and part of the time at mother’s and at Mr. Lowe’s, 
as I before said. 

By same. For whom did he vote for Congress at the August election, 
1859? 

Answer. I heard him say since the election that he voted for Chris- 
man. 

By same. For whom did you vote for Congress at the same election ? 

Answer. I voted for Chrisman. 

[Chrisman’s attorney excepts to the above deposition of Samuel B. 
Sullivan, upon the ground that Chrisman had no notice that the depo¬ 
sition of the said Sullivan would be taken.] 


KENTUCKY CONTESTED EJECTION 


411 


Question by same. Can you state positively where the said Daniel 
Sullivan, sr , resided a short time before the last August election, in 
1859? ° ’ 

Answer. He was at Thompson Lowe’s the night before the election ; 
he was sometimes at my house, sometimes at my mother’s, and some¬ 
times at Thompson Lowe’s a short time before the last August elec¬ 
tion. 

By same. Had the said Daniel Sullivan any known place of residence, 
to your knowledge, in 1859? 

Answer. I do not know. 

By same. Where did the said Daniel Sullivan get his boarding and 
washing done a short time before the last August election in 1859? 

Answer. He sometimes did his own washing ; 1 know that he 
brought a tub to my house, and know my wife did some of his washing ; 
he sometimes boarded at my house and sometimes at Thompson Lowe’s 
and my mother s ; he had no fixed boarding place, to my knowledge. 

Question by Mr. Anderson’s attorney. State wnether or not the said 
Daniel Sullivan, sr., voted in the first or second precinct of Green 
county. 

Answer. He told me that he voted at Greensburg. 

And further the deponent saith not. 

his 

SAMUEL B. + SULLIVAN. 

mark. 

Witness : 

Thomas R. Barnett. 


Also the deposition of Quintus H. Eastes, taken at the same time 
and place of the above, and for the same purpose as mentioned in the 
first caption, at the beginning. 

Witness being of lawful age and duly sworn, deposeth and saith as 
follows: 

Question by Mr. Anderson’s attorney. State whether or not you 
were the sheriff of the election held in August, 1859, in the fifth pre¬ 
cinct of Green county, Kentucky. 

Answer. I was. 

By same. State whether or not you returned the poll-book of said 
precinct to the clerk’s office in Greensburg ; also, at what time you 
did it, and the condition of said poll-book when given to you 

Answer. I returned said poll-book to the clerk’s office in Greens¬ 
burg. The judges handed it to me unsealed, and I refused to take it 
in that condition ; I told them that the clerk at the May election had 
refused to take my poll-book from that precinct because it was not 
sealed, and I did not wish to carry him another in the same condition. 
They then went to Mr. Edwards’s store, and also to Mrs. Despair’s 
house, and failing to find any wafers or anything to seal it with, they 
finally prevailed on me to take it unsealed. When I got to Greens¬ 
burg I stepped into Mr. Vaughn’s store and asked him to give me 
some wafers to seal it with, and also requested him to seal it for me. 
He told me that Mr. Goulder was standing at the door, and he would 
get him to seal it. He spoke to him, and he came in and did seal it. 


412 


KENTUCKY CONTESTED ELECTION. 


By same. State whether or not there has been any alterations made 
in said poll-book, either in the way the vote is recorded or in the 
footing up of the columns? 

Answer. I see that the vote is not recorded in the order that it was 
taken at said precinct. I see one or two of the first that were taken 
recorded on the second page. There are 29 votes recorded as having 
voted before the first man that did vote. Samuel E. Williams, I 
remember, was the first man who voted, and his name is on the second 
page, and there are twenty-nine votes recorded before his; whether 
there has been any alteration I cannot say. There is no alteration in 
the footing up that I see. My attention was not particularly called to 
the poll-books until delivered to me. The clerk might have recorded 
the votes one way and I cried it another. 

By same. State whether or not there was any duplicate certificate 
of the number of votes cast for each candidate retained by the judges 
or clerk of the election ? 

Answer. There was none retained or made out. No certificate of 
any kind was made except that on the poll-book. 

Question by Chrisman’s attorney. State whether or not you ever 
have at any time before to-day made a close examination of the 
poll-book above mentioned ? 

Answer. I never have. 

By same. State whether or not you have ever paid that particular 
attention at any time to said poll-hook as would enable you to state 
that there has been an alteration either in the recording or footing up 
of the votes ? 

Answer. No more than that I recollect that Samuel Williams was 
the first man that voted. 

By same. State whether or not any one examined said poll-book, or 
had access to it, before you returned it to the clerk’s office, but your¬ 
self, Mr. Vaughn, and J. T. Goulder? 

Answer. No one examined said poll-hook from the time it was 
delivered to me up to the time I delivered it to the clerk. 

By same. State whether or not the judges of the election in the 5th 
district, in Green county, delivered said poll-book to you ? 

Answer. The poll-book was made out in book form when handed 
to me by the judges. 

By same. State what your politics are, and for whom you voted at 
the last August election for Congress ? 

Answer. I voted for Wm. C. Anderson, for Congress, at the last 
August election ; and I am an old line whig. I have voted for 
whigs and democrats all my life. 

By same. State whether or not Mr. Vaughn and Mr. J. T. Goulder, 
the men who sealed the poll-book, were both opposition men in 
politics ? 

Answer. Mr. Vaughn is an opposition man in politics ; I don’t 
know what Mr. Goulder’s politics are; I know that Mr. Goulder was 
once an old line whig. 

Question by Anderson’s attorney. State whether or not the poll- 
books referred to in your previous answers are not the same that you 
delivered to the clerk in Greensburg ? 


KENTUCKY CONTESTED ELECTION. 


413 


Answer. They are, sir. 

And further deponent saith not. 

Q. H. EASTES. 

Also the deposition of Wm. M. Jewel, taken at the same time and 
place of the above, and for the same pturpose as mentioned in first 
caption at the beginning. 

Witness being of lawful age and duly sworn, deposeth and saith as 
follows: 

Question by Anderson’s attorney. State whether or not you are ac¬ 
quainted with William P. Homines, and also whether or not you 
know where his residence was at and before the August election 
1859 ; state all you know about it, any way. 

Answer. I am acquainted with William P. Romines. In the fall or 
winter of 1858 he and his father contracted for some property of 
and his filther ; they both remained there until the spring of 1859, 
Fielding Vaughn, in Hart county, Kentucky, and went to it, both him 
when Vaughn got the property back from them ; his father moved 
back into Green county, but William P. Romines remained there 
with Vaughn until about last Christmas ; he came from there to his 
father’s and remained a few days, and his father carried him in a 
wagon to Taylor county, Kentucky. Mr. Vaughn told me that the 
last month he staid with him he hired him by the month, which 
month was after the August election. 

By same. State whether or not it was since the ele:tion you heard 
Mr. Vaughn speak of it. 

Answer. Yes ; it was since the election. 

By same. State whether or not William P. Romines was over 21 
years old when he and his father moved to Hart county, Kentucky. 

Answer. I cannot state what his age was, but suppose he was 
about 25, from the fact that he was a married man, and had one or 
two children. 

By same. State whether or not you know for whom he voted for 
Congress at the August election, 1859, and where he voted. 

Answer. I heard him say he voted for Chrisman ; and I see his 
name recorded as voting for him on the poll-book for precinct No. 4. 

[Chrisman’s attorney excepts to the above deposition of William 
M. Jewel, upon the ground that he was not embraced in the original 

notice.] 

By same. State what time the contract above mentioned was res¬ 
cinded and the property given up to Vaughn ; also what time old 
man Romines, the lather of said William Romines, moved back to 
Green county. 

Answer. His father (old man Romines) moved back to Green county 
time enough to make a crop in Green county in 1859. I don’t know 
what time the contract was rescinded between Romines and Vaughn, 
but I suppose that it was about one month, or may be that it was just 
a few days, before old man Romines moved back to Green county. 

By same. State whether or not William Romines had two children, 
and "whether or not they moved back to Green county with the father 


414 


KENTUCKY CONTESTED ELECTION. 


of the said William P. Homines, in Green county, at the time he 
moved. 

Answer. I don’t know how many children the said William P. 
Homines had ; but I saw a child at old man Homines’s which the said 
William P. Rominessaid was his child. 

By same. State whether or not the said William P. Homines has 
made his home at his father’s ever since he moved into the 4th district, 
and whether he has had his washing done at his father’s ever since 
he moved into the 4th district. 

Answer. If the said William P. Romines ever had his washing done 
at his father’s I don’t know anything about it; he was living in 
Green county with the said Vaughn until he moved to Hart county. 

By same. State what your politics are, and who you voted for for 
Congress at the last August election in 1859. 

Answer. I vote for a democrat if it suits me and I like the man ; I 
voted for William C. Anderson for Congress at the last August elec¬ 
tion, and I voted for Walton for the Senate of Kentucky at the last 
August election. 

Questions by Anderson’s attorney. State whether or not the said 
William P. Romines ever lived or had his washing done at his father’s, 
while his father was a citizen of Green county, Kentucky, to your 
knowledge? 

Answer. If he ever did, I knew nothing of it; he might have had 
it done there, so far as I know ; I know nothing about that. 

By same. State whether or not you know of any other W. P. 
Romines ? 

Answer. I do not. 

Question by Chrisman’s attorney. State whether or not to your 
knowledge the said W. P. Romines ever had any fixed place of resi¬ 
dence in 1859? 

Answer. Every time I went to Hart county to mill, I saw him at 
work, attending to the mill and stilling. 

Question by Anderson’s attorney. S ate whether or not that was 
the mill at which you had your grinding done, and whether or not 
you were frequently there during the year ? 

Answer. That was the mill at which I had my grinding done, and 
was frequently there. 

And further deponent saith not. 

WILLIAM M. JEWELL. 

State of Kentucky, set: 

I, Thos. R. Barnett, judge of the Green county court, do certify that 
the foregoing depositions of John H. Ward, Wm. J. Chaney, Wm. 
A. Chapman, R. T. Chapman, T, C. Edwards, Wm. J. Underwood, 
P. M. Smith, Sarah A. Chapman, M. J. Lewis, Thompson Lowe, 
Samuel B. Sullivan, Samuel T. Wilson, Nicholas McCubbins,William 
Ball, John B Carlile, Wm. N. Vaughn, Quintus H. Eastes, and 
Wm. Jewell, were taken before me, and were reduced to writing by 
the attorneys on both sides by mutual consent of parties, and read to 
each deponent and subscribed to by him in my presence at the times 
and place, and in the contested case mentioned in the caption at the 


KENTUCKY CONTESTED ELECTION 


415 


beginning of these eighty-two pages, and referred to in each sub¬ 
caption ; all of the afore-natned deponents, having first been sworn to 
tell the truth, the whole truth, and nothing but the truth, and his 
statements reduced to writing by the attorneys on either side by mutual 
consent as before mentioned, and signed by each of them in my pre¬ 
sence; both the contestant and contestee being present by their attorneys 
at the examination. 

Given under my hand January 24, 1860. 

THOMAS R. BARNETT, P. J. G. C. C. 

Taxation of costs for contestee. 

William J. Chaney claims 1 day and 15 miles. §1 50 

William A. Chapman claims 1 day and 24 miles. 1 95 

R. T. Chapman claims 1 day and 24 miles. 1 95 

Wm. J. Underwood claims 1 day and 26 miles. 2 05 

Reubin Blevins claims 1 day and 20 miles. 1 75 

Nathan Blevins claims 1 day and 20 miles. 1 75 

P. M. Smith claims 1 day and 16 miles... 1 55 

Sarah A. C. Chapman claims 1 day and 24 miles. 1 95 

M. J. Lewis claims 1 day and 28 miles. 2 90 

Josiah Mitch el claims 2 days and 16 miles. 2 30 

Robert Elmore claims 1 day and 24 miles. 1 95 

Thompson Lowe claims 1 day and 10 miles. 1 25 

Samuel Sullivan claims 3 days and 12 miles. 2 85 

Nicholas McCubbin claims 3 days and 56 miles. 5 05 

William Ball claims 2 days and 20 miles. 2 50 

Quintus H. Eastes claims 4 days and 18 miles. 3 90 

William M. Jewell claims 2 days and 28 miles. 2 90 

James L. McCubbin claims 2 days and 28 miles. 2 90 

William Martin claims 1 day and 20 miles. 1 75 

Henry T. Hagan claims 3 days. 2 55 

T. (h Edwards, sheriff, for summoning ten witnesses. 2 00 

A. C. Cox, deputy sheriff, summoning eight witnesses at 20 cts. 1 60 

Q H. Eastes, special deputy, three witnesses at 20 cents. 60 

M. J. Lewis, special deputy, one witness at 20 cents. 20 

M. P. Goulder, special deputy, one witness at 20 cents. 20 

H. T. Hagan, clerk Green county, summoning twenty-two 

witnesses at 20 cents. . 4 40 


January—To twenty-two copies summons, 10 cts. each.. 2 20 


- 3 40 

To four days taking depositions, at $3 per day. 12 00 


71 65 


Attest * 

THOMAS R. BARNETT, P. J. G. C. C. 


































416 


KENTUCKY CONTESTED ELECTION. 


I certify that the pages 21, 22, and 23, in this statement of deposi¬ 
tions are twice entered through mistake, but the depositions are 
right on both as taken. 

THOS. R. BARNETT, P. J. G. G. 0. 
Kentucky, Adair County , set: 

The undersigned, being of the hoard of examiners for Adair county, 
state that on the poll-book of the vote taken at Columbia, August 1, 
1859, at which place W. H. Spencer was clerk, the vote of Samuel 
M. Baker, a well known and highly respectable citizen of Adair, ap¬ 
pears to be recorded for W. C. Anderson and also for J. S. Chrisman 
for Congress, being a patent error upon the face of the books. The 
board entertained no doubt but it was a mistake, and that the vote 
was for Anderson, and not for Chrisman, but was erroneously by mis¬ 
take recorded for both. But being of opinion, from the letter of the 
law, that we as a board had no power to correct the error, we 
counted the vote as it appeared upon the books, thus giving said vote 
to both Anderson and Chrisman in our official certificate of the vote 
made out and forwarded to the office at Frankfort August 10, 1859. 

SINCLAIR WHEAT, C. A. C. G. 

E. T. WILLIS, P. J. A, G. G. 

Subscribed and sworn to by Sinclair Wheat and E. T. Willis before 
me this 10th day of August, 1859. 

THOMAS E. BRAMLETTE, 

Judge of sixth judicial district , Kentucky, 


Kentucky, Adair County , set: 

William H. Spencer states, that he was clerk of the election held 
August 1, 1859, at the precinct at Columbia, Kentucky ; that Samuel 
M. Baker cast his vote for W. C. Anderson for Congress, for D. R. 
Haggard for president of the board of internal improvements; that the 
columns for Chrisman and Haggard were arranged on the poll-books 
side by side, and he entered the vote of said Baker for Anderson as it 
was given, but, through mistake and inadvertance, marked it also in 
the column of Chrisman’s vote, and failed to put it in Haggard’s 
column, thus giving to Chrisman, through mistake and oversight, the 
vote which was cast for Anderson, and failed to enter it for Haggart, 
for whom it was cast. He states that he appeared before the board of 
examiners, and made oath to the above facts in substance ; but they, 
thinking they had no power to correct the error, counted the vote for 
Chrisman, and included it in their official certificate forwarded to the 
hoard at Frankfort. 


August 10, 1859. 

Sworn to by W. H. 
1859. 


W. H. SPENCER. 

Spencer before me this 10th day of August, 

THOMAS E. BRAMLETTE, 

Judge of sixth judicial district , Kentucky, 


KENTUCKY CONTESTED ELECTION. 


417 


State of Kentucky, County of Jefferson, set: 

This day S. M. Baker, of Adair county, Kentucky, personally ap¬ 
peared before me, Samuel Matlack, a justice of the peace in and for 
said county of Jefferson, and made oath that he was in the town of 
Columbia, Kentucky, on the 1st day of August, 1859, and that he 
then and there voted at said election for Wm. C. Anderson as a repre¬ 
sentative to Congress from the said district, being the 4th congres¬ 
sional district of said State ; and that if his said vote is recorded for 
James H. Chrisman , or any other person than the said Anderson, 
it was wrongfully recorded. 

S. M. BAKER. 


Subscribed and sworn to by S. M. Baker before me this 9th day of 
August, 1859. 

SAMUEL MATLACK, P. J. J. C . 


Office of Secretary of State, 
Frankfort, Kentucky, November 9, 1859. 

I, Tnoms B. Monroe, jr., secretary of state for the Commonwealth 
aforesaid, do hereby certify that the foregoing three pages contain a 
true copy of all papers and communications now on file in this office 
in regard to the vote of S. M. Baker, of Adair county. 

In testimony whereof, I have hereunto set my hand and affixed the 
seal of my office, at Frankfort, this day and date as above. 

THOMAS B. MONROE, jr.,^ 

Secretary of State. 

By JAMES W. TATE, 

Assistant Secretary. 


H. Mis. Doc. 11-27 



418 


KENTUCKY CONTESTED ELECTION. 


* 


"William C. Anderson : 

Sir: You are notified I will appear before tbe House of Bepresenta- 
fives of the Congress of the United States, at their next session, and; 
lontest your right to a seat as a member of that body for and during 
$he 36th Congress of the United States for the fourth congressional 
district of the State of Kentucky, claiming that at the election held 
in said fourth congressional district, for the State of Kentucky, on the- 
1st day of August, 1859, for member of Congress to represent said 
district for and during the 36th Congress of the United States, I was- 
duly and lawfully elected, by the legal vote of the people qualified to 
vote, to said office. Your right will be contested on the following 
grounds: 

1. A majority of the votes polled at said election between us were 
for me, and against you. By a mistake made by the county board for 
examining poll-books for the county of Cumberland in said district, 
they certified to the State board a smaller number of votes for me than 
1 actually got, and a larger number of votes for you than you actually 
got at said election in said county of Cumberland; and although in 
due and proper time this mistake was corrected by an amended and 
supplemental certificate and return of the county board, duly trans¬ 
mitted to the State board, the latter in their canvass and estimate of 
the votes of said district, in said election, had no regard to the said 
amended certificate, and improperly and unlawfully disregarded the 
same, when, if it had been regarded, my majority would have been 
seven votes, according to the face of the poll-books as they stand. 

2. I received a majority of the legal votes polled at said election 
between us in said congressional district. 

3. Divers votes were by fraud or mistake of the officers of the 
election recorded on the poll-books for you , when such votes had been 
actually cast for me. 

4. Divers voters, who came to the polls at divers voting places in 
the district, being good voters, legally qualified and entitled to vote, 
desiring and offering to vote for me, were improperly and unlawfully 
denied by the officers of the election the right of voting, and rejected 
and unlawfully prevented from voting, when they would have voted 
for me. 

5. Divers persons not qualified by law, some by reason of not having 
resided sixty days in their voting precinct next before the election, 
one year in the county, or two years in the State; others by reason 
of not being free white male citizens over twenty-one years old, as 
required by the constitution and laws of Kentucky, at the various 
voting places in the district, and at each voting place in said district, 
were unlawfully permitted to vote for you against me in said election. 

6. Divers persons were unlawfully permitted to vote twice for you 
at the same election. Persons who voted for me were, by fraud or 
mistake, recorded for both of us. 

7. Persons were unlawfully permitted to vote for you who were 
disfranchised and deprived of the right of suffrage by reason of having 
been convicted of high crimes and misdemeanors. 


KENTUCKY CONTESTED ELECTION. 419 

8. Persons who were not citizens of the United States were unlaw¬ 
fully permitted to vote for you against me in said election. 

9. Certain poll-books of said election, and particularly the poll- 
book of district No. 1, in the county of Boyle, have been fraudulently 
altered, mutilated and changed since the election, and since they were 
certified and delivered by the officers of the election, and prior to the 
issuing of the certificate to you by the State board, whereby your vote 
w r as apparently increased, and mine diminished. 

10. Legal voters voted for me at said election, and after their votes 
had been recorded for me their names and votes were unlawfully 
and improperly stricken from the poll-book. 

11. All the votes recorded for me at the various voting places in 
said district at said election were legal and qualified voters, and their 
vote for me rightly recorded. 

12. I object to, challenge, and insist upon striking off the following 
named persons, whose names are recorded on the poll-books of the 
various voting places in said district at said election, and for the reasons 
assigned next to the names of each, to wit: 

Ivory Thompson—Because he did not reside in the State, county, 
or precinct in which he voted for the time required by law. 

C. Timmy, jr.—Because he is a foreigner by birth, and not a citizen 
of the United States, not having been naturalized. 

Enoch Phelps—Because he was not a resident of the precinct in 
which he voted at the time he cast his vote. 

Abraham Mounce—Because he was not twenty-one years of age at 
the time he voted. 

Joseph Wallen, jr.—Because he was not twenty-one years of age 
at the time he voted. 

W. M. Adams—Because he did not reside in the county or precinct 
at which he voted when his vote was cast. 

William G-ibson—Because he did not reside in the State, county, 
or precinct in which he voted for the time required by law. 

W. F. alias Frank Patterson—Because of the same reasons as 
above last stated. 

E. McNair—Because of the same reasons as last above stated. 

Richard Burnett—Because of the same reasons as last above stated. 

William Mounce—Because of the same reasons as last above stated. 

Peter Waddle—Because he was not twenty-one years old at the 
time he voted. 

Randolph Meridith—Because he was not a resident of the State, 
county, or precinct in which he voted for the time required by law. 

A. L. McGee—Because of the same reasons as last above stated. 

R. Phelps—Because of the same reasons as last above stated. 

Tyre Turpen—Because of the same reasons as last above stated. 

A. E. Massey—Because lie was not twenty-one years of age at the 
time he voted. 

James Massy—Because of the same reason as last above stated. 

William Davis—Because he was not a resident of the State, county, 
or precinct in which he voted for the time required by law. 

John Fenston—Because of the same reasons last above stated. 

Benjamin F. Taylor—Because of the same reasons last above stated. 


420 


KENTUCKY CONTESTED ELECTION. 


Bales Baugli—Because he was not twenty-one years old at the time 
he voted. 

Nelson Davis—Because he was not a resident or citizen of the Sta e, 
county, or district in which he voted for the period of time required 
by law. 

James Lowe—Because he was not twenty-one years of age a t the 
time he voted. 

David Lowe—Because of the same reason as last above stated. 

William Massengal—Because he was not twenty-one years of age 
at the time he voted. 

William Crabtree—Because he was not a resident of the State, 
county, or precinct in which he voted for the time required by law. 

Shadrack Blevins—Because he was not a resident of the State, 
county, or precinct in which he voted for the time required by law. 

Joseph Roberts—Because he was not twenty-one years of age at the 
time he voted. 

Isaac Harden—Because he was not a resident of the State, county, 
or precinct at which he voted for the period of time required by law. 

Elijah Spradlen—Because of the reasons last above stated. 

Harden Stevens—Because he was not twenty-one years of age at 
the time he voted. 

George Sumpter—Because he was not a resident of the State, 
county, or precinct in which he voted for the period of time required 
by law. 

John Horton—Because of the same reasons last above stated. 

Carey Abner—Because of the same reasons last above stated. 

Bartholomew Lawson—Because of the same reasons last above 
stated. 

. James Lawson—Because of the same reasons last above stated. 

John Rollens—Because he was not twenty-one years of age at the 
time he voted. 

J. H. D. Floyd—Because of the same reason last above stated. 

Simeon Marcum—Because he did not reside in the State, county, 
or district in which he voted for the time required by law. 

P. H. Clark—Because he is not a free white man, is of mixed 
blood, being at least one-fourth of African or negro blood. 

S. W. Hunter—Because he was not a resident of the State, county, 
or district in which he voted for the period of time required by law. 

Lewis Gwinn—Because of the same reasons last above stated. 

George Westmoreland—Because of the same reasons last above 
stated. 

John Westmoreland—Because of the same reasons last above stated. 

Anderson Maynard—Because of the same reasons last above named. 

James C. Hancock—Because of the same reasons last above stated. 

Joseph C. Pace—Because of the same reasons last above stated. 

Thomas Rhodesmend—Because of the same reasons last above 
named. 

John Hardeson—Because he was not twenty-one years of age at 
the time he voted. 

Thomas A. Yauglm—Because he was convicted, sentenced to, and 
confined in the Kentucky penitentiary for larceny, by the judgment 


KENTUCKY CONTESTED ELECTION. 


421 


of the circuit court of Cumberland county in 1856, and thereby dis¬ 
franchised. 

Joseph Brummett—Because he was not 21 years of age when he 
voted. 

James M. Cloyd—Because he was not a resident of the State, 
county, or precinct in which he voted for the time required by law. 

James Brummett—Because of the reasons last above stated. 

G. F. Dowell—Because he was not 21 years of age, and not a res¬ 
ident of the State, county, or precinct in which he voted for the 
period of time required by law. 

J. M. Glidewell—Because he was not a resident of the State, 
county, or precinct in which he voted for the time required by law. 

Burton Smith—Because of the same reasons last above stated. 

William Sevier—Because he was not 21 years old when he voted. 

Thomas Roy—Because he was not 21 years old when he voted. 

William Wright—Because he was not a resident of the county or 
district in which he voted. 

Jesse Dulley—Because he lives, and at the time he voted did live, 
in Barren county, not in the district; and because he voted both in 
the Elliott precinct, in Cumberland, and at “ Harmony,” in Adair. 

Wiley Summers—Because he was not 21 years of age at the time 
he voted. 

James B. Elder—Because he was not a resident of the State, county, 
or precinct in which he voted for the time required by law. 

William Bacon—Because of the same reasons last above stated. 

R. W. Stevenson—Because of the same reasons last above stated. 

George Beddow—Because of the same reasons last above stated. 

Samuel D. Barnet—Because of the same reasons last above stated. 

James Patton—Because of the same reasons last above stated. 

Joseph McNull—Because of the same reasons last above stated. 

James Bless—Because of the same reasons last above stated. 

Alexander Martin—Because of the same reasons last above stated. 

Pink Grady—Because he was not 21 years of age at the time he 
voted. 

B. F. White—Because of the same reason last above stated. 

Isaac Graham—Because he was not a resident of the State, county, 
or district in which he voted for the period of time required by law. 

R. Mary—Because of the same reasons last above stated. 

Charles King—Because of the same reasons last above stated. 

William Tuggle—Because of the same reasons last above stated. 

H. L. Carpenter—Because of the same reasons last above stated. 

A. J. Reynolds—Because of the same reasons last above named. 

Joseph Williams—Because of the same reasons last above named. 

A. F. Merriman—Because of the same reasons last above named. 

G. W. Nelson—Because of the same reasons last above named. 

J. H. Cranch—Because of the same reasons last above named, and 
because he was convicted, sentenced, and confined in the penitentiary 
of Tennessee for felony, and thereby disfranchised. 

James W. Banks—Because he was not a citizen of the State, 
county, or precinct in which he voted for the time required by law. 


422 


KENTUCKY CONTESTED ELECTION. 


James Nell—Because he was not a resident of the State, county, or 
precinct in which he voted for the time required by law. 

James P. Wright—Because of the same reasons last above named. 

A. B. Cox—Because of a total absence of every qualification re¬ 
quired by law. 

William S. Matthews—Because he was not a resident of the county 
or precinct at which he voted for the time required by law. 

Francis Wright—Because he was not twenty-one years of age when 
he voted. 

William Rakes—Because he was not a resident of the State, county, 
or precinct in which he voted for the time required by law. 

William T. Martin—Because of the same reasons last above stated. 

Robert Buchanan—Because of the same reasons last above stated. 

John Griffin—Because of the same reasons last above stated. 

Elisha Berry—Because of the same reasons last above stated. 

W. A. Wood—Because of the same reasons last above stated. 

Preston Satterfield—Because he was not 21 years of age at the time 
he voted. 

Stephen Wilson—Because of the same reason last above stated. 

Jesse Wright—Because he was not a resident of the State, county, 
or precinct in which he voted for the period of time required by law. 

William Collins—Because of the same reasons last above named. 

Nathan Lawhorn—Because he was convicted, sentenced, and con¬ 
fined in the Kentucky penitentiary for felony, and thereby disfran¬ 
chised. 

G. M. Brown—Because he was not 21 years of age when he voted. 

T. W. Lukins alias Lumpkins—Because of the same reasons last 
above assigned. 

T. R. Tucker—Because he was not a resident of the State, county, 
or precinct in which he voted for the time required by law. 

V. P. Moore—This voter voted for me, but by mistake of the clerk 
his vote was recorded for both of us. I shall claim that his vote be 
counted for me, and erased from your poll. 

The following persons voted for me, and their votes so cried by the 
sheriff, but the clerk omitted to record them for me: 

William Davis, Jackson D. Richardson, William R. Cumbass. I 
shall claim that their names be added to the list of persons voting for 
me. 

Wiley Turner—I shall also claim that the vote of Wiley Turner be 
added to the list of those voting for me, because, after he had so voted, 
the judges and clerk of the district at which he voted, erased his 
name and vote without just reason, he being a legal voter. 

Anderson Hare—I shall also claim that the vote of Anderson Hare 
be counted for me, he having offered and demanded to vote for me, 
but was refused by the judges without good reason, he being a legal 
^ voter. 

I shall also object to, challenge, and insist upon striking off the 
votes of the following other persons whose names are recorded on 
the poll-books of the various precincts in said district at said election, 
and for the reasons assigned next to the names of each to wit: 


KENTUCKY CONTESTED ELECTION. 423 


John Surcy—Because he did not reside in the State, county, or pre¬ 
cinct in which he voted for the time required by law. 

William Beasley—Because he did not reside in the State, county, 
or precinct in which he voted for the time required by law. 

George Tate—Because of the same reasons last above stated. 

Benj. Bruner—Because of the same reasons last above stated. 

George N. McNeil—Because of the same reasons last above stated. 

C. C. McClure—Because of the same reasons last above stated. 

James T. Haley—Because of the same reasons last above named. 

E. Preston—Because of the same reasons last above named. 

Zachariah Price—Because of the same reasons last above named, 
•and because he was not 21 years of age when he voted. 

Edward Jones—Because he is an idiot and incapable of voting. 

George D. Masonheimer—Because he did not reside in the county 
or precinct in which he voted for the time required by law. 

Lee Yager—Because of the same reason last above named. 

I shall also claim and insist that the votes of the following named 
persons, who are recorded as having voted for you, be counted forme , 
and added to my poll , because in fact they voted for me, and by mis¬ 
take of the clerk or otherwise they are made on the poll-books to 
vote for you, viz: 

Nelson Pendergaft, Nat Harmon, Geo. W. Crane, George Jones, 
Samuel Leffew. 

I shall also object to and insist upon rejecting the poll-books, and 
all the votes recorded at the Ireland precinct, in the county of Taylor, 
because the officers of said election, who conducted and held the same, 
nor either of them, were sworn according to law, nor was the said 
poll-book certified by the officers, as required by law. 

I shall also object to and insist upon rejecting the poll-book, and 
all the votes given at the 7th district, in the county of Wayne, for the 
same reasons as last above assigned. 

JAMES S. CHRISMAN. 

Danville, September 19, 1859. 


•State of Kentucky, to ivit: 

The undersigned, Wm. R. Taylor, states that he delivered to Wil¬ 
liam C. Anderson, the person to whom the within and foregoing no¬ 
tice is addressed, a true copy of the said notice on the 20th day of 
September, 1859. 

r W. R. TAYLOR, M. T. D. 


Sworn to by the above named subscriber before me, clerk of the 
Boyle county court, this 20th of September, 1859. 

JAS. F. ZIMMERMAN, C. B. G. G . 


James S. Chrisman: 

Sir : I have received a paper from you, purporting to he a notice 
•contesting my right to a seat in the 36th Congress of the United 
States from the fourth district of Kentucky. You are notified that I 



424 


KENTUCKY CONTESTED ELECTION. 


shall object to the said notice, and ask for its quashal upon the fol¬ 
lowing grounds: 

First. It does not give the residence of the voter who is challenged. 

Second. It does not give the county or precinct in which the vote 
was cast. 

Third. It does not state particularly the grounds upon which you 
rest the contest, as required by the act of Congress. 

In response to paragraph No. 1 in your pretended notice, I deny 
that the majority of the votes polled at the August election, 1859, 
were given for you. 

I deny that, by a mistake made by the county board of Cumberland 
county, you received a smaller number of votes than were really cast for 
you, and I a larger number than were cast for me. I state the facts to be 
as follows : The poll-books of Cumberland county were certified, (al¬ 
though some of them illegally, of which 1 shall speak hereafter,) 
sealed, and delivered, as required by the law entitled “ election,” 
Eevised Statutes of the State of Kentucky, pages 283 to 303, inclusive. 
The said poll-books were opened at the time required by law, and by 
the proper officers, and certificates of the votes cast were duly trans¬ 
mitted to the State board at Frankfort, and upon a comparison of the 
vote sent the said State board, upon all the returns sent in, according 
to law, at the proper time awarded me the certificate of election. 
Before the said certificate was granted tbe result was published in 
the public newspapers, by which I received a majority of three votes ; 
and so soon as said publications were made, it was pretended that a 
mistake of ten votes had been made against you at the Kettle Creek 
precinct, in Cumberland county. It is true that an amended certifi¬ 
cate, signed by only two of tbe examiners for Cumberland county, 
was sent to the State board at Frankfort, and they refused to receive 
the same, upon the ground that the county board had no right to 
reassemble after the time fixed by law, and amend a certificate once 
transmitted and made out at the proper time. They were, to all intents 
and purposes, functus officio. Before, however, the amended return 
was sent from Cumberland county, a mistake to my prejudice of four 
votes was discovered on the poll-books of Boyle county, and an 
amended return stating this fact was transmitted by the county board 
of Boyle to the State board at Frankfort, and when this fact was made 
public in the district that such an amended return had been sent, nearly 
every democrat in the community, and yourself included, stated that, 
it would be a gross outrage for the State board to receive additional 
returns after the official vote had once been sent in. It was then 
supposed that the vote between us was a tie, and by the laws of Ken¬ 
tucky in such cases the casting of lots was required, and your 
chances for an election would have been equal with my own. When 
you and your friends, however, heard of this pretended mistake in 
Cumberland county, you shifted positions and contended that the 
board ought to receive amended returns. “ The case being altered,, 
altered the case.” I contend that the State board at Frankfort acted 
lawfully and properly, and I refer you to their published statement, 
signed by the governor, secretary of state, and attorney general 
of Kentucky. I do not know and I do not admit that the mistake that 


KENTUCKY CONTESTED ELECTION. 


425 


you complain of occurred. It may be true, according to the books as 
they now stand, that such a mistake was made, but it is exceedingly 
strange that the mistake was not discovered for nearly two weeks 
after the comparison of the polls, and that comparison, too, made in 
the presence of a number of your friends, who aided in the addition 
of the books, and also after it was ascertained from the returns sent 
in that I was elected by a majority of three votes. If, however, the 
mistake really did occur, I notify you that mistakes of a similar 
character, and others of a different character, were made against me, 
of which I will speak more particularly hereafter. I deny the charges 
made in paragraph No. 1 of your pretended notice. 

I deny the charges in paragraphs 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 
12 of your said notice. 

I deny that the persons you have named as having voted for me 
were illegal voters, as I will make fully to appear by the proof in 
proper time. 

I shall, upon the trial of the contest, challenge and insist upon 
striking off the votes of the following named'persons, recorded on the 
poll-books at various precincts in the district, and for the reasons set 
forth next to the name of each. 

1. Henry M. Antle or Antell—who voted in White Oak district, in 
Adair county, because he lived in the county of Russell. 

2. R. M. Barnard—who voted at the same district, in the same 
county, because he had not been in the State, county, or precinct for 
the time required by law. 

3. George Simpson—who voted in the same district, in the same 
county, for the same reasons as above. 

4. Ben. F. Allan—who voted at the Neatsville district, in Adair 
county, because he was a resident of and lived in the White Oak 
district. 

5. Milton Polly—who voted at White Oak precinct, in Adair county, 
because he lived in the Harmony district. 

6. Elijah Leach—who voted at the same district, in the same county, 
because he was not a resident of said precinct for the time required 
by law. 

7. James B. Royse—who voted at the Columbia precinct, in Adair 
county, because he lived at the time at Haysville, in Marion county. 

8. Wm. P. Royse—who voted at the same district, in the same 
county, for the same reason as above. 

9. James Rayner—who voted at the Gradyville precinct, in same 
county, because he was not a resident of said precinct. 

10. Wm. Woodard—who voted at the same district, in the same 
county, because he was not a resident of the county or precinct in 
which he voted for the time required by law. 

11. George Green—who voted at the Harmony district, in same 
county, because he was not twenty-one years of age. 

12. James Jones—who voted at Neatsville district, in same county, 
for the same reason as above. 

13. Jonathan McElroy—who voted at the Harmony district, in same 
county, because he was not a resident of the county or precinct in which 
he voted for the time required by law. 


426 


KENTUCKY CONTESTED ELECTION. 


14. George D. Redmon—who voted at the White Oak district, in 
same county, because he was not twenty-one years of age. 

15. William alias Peter Walkup—who voted at White Oak dis¬ 
trict, in Adair county, because he was not a resident of said district 
for the time required by law, and in fact was a resident of the 
Harmony district, in same county. 

16. J. N. Yaughn—who voted at the same place, in same county, 
for the reason as above. 

17. Samuel Yier—who voted at Columbia district, in same county, 
because he was not a resident of the State, county, or precinct in which 
he voted for the time required by law. 

18. William Yier—who voted at the same place as above, and for 
the same reason. 

19. Joshua Prewett—who voted at the White Oak district, in 
Adair county, because he was a resident of Neatsville district, and 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

20. Irvine Keaton—who voted at the Harmony district, in Adair 
county, because he was not a resident of the county or district in 
which he voted for the time required by law ; in fact, he was a resi¬ 
dent of the county of Cumberland. 

21. Nathaniel Wade—who voted at Gradyville district, in same 
county, because he was not twenty-one years of age. 

22. William J. Cooley—who voted at the Neatsville district, in 
same county, bscause he was not a resident of said district for the 
time required by law. 

23. William Bryant—who voted at the same place as above, and 
because of the same reason as above. 

24. Morgan Simpson alias R. W. Simpson—who voted at Neats- 
ville, in same county, because he was not twenty-one years of age. 

1. Nicholas Walter or Walters—who voted at district No. 3, in 
Boyle county, because he was not a resident of the county or precinct 
in which he voted for the time required by law. 

2. A. G. Talbot, jr.—who voted at precinct No. 4, in same county, 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

3. Chas. Yoss—who voted at the same district, in same county, for 
the same reason as last above stated. 

4. William Crow—who voted at district No. 3, Boyle county, for 
the same reason as last above named. 

5. C. P. Springer—who voted at district No. 3, in Boyle county, 
because he was not a resident of the county or precinct in which he 
voted, and for the time required by law. 

6. A. Fulkerson, jr.—who voted in district No. 2, in Boyle county, 
because of the same reason as last above named. 

7. James Owens—who voted at district No. 3, in Boyle county, 
because of the same reason as last above named. 

8. Garrett Lane—who voted at district No. 3, in Boyle county, 
because of the same reason as last above named. 

9. Henry White—who voted at district No. 3, in Boyle county, 
because of the same reason as last above named. 


KENTUCKY CONTESTED ELECTION. 427 

10. Abel Reeves—who voted at precinct No. 3, in Boyle county, 
because of the same reason as last above named. 

11. Samuel Goode—who voted at district No. 1, of Boyle county, 
because of the same reason as last above named. 

12. James Brennan—who voted in district No. 1, of Boyle county, 
because he is a foreigner, and not a citizen of the United States. 

13. John Haggin—who voted at district No. 2, of Boyle county, 
because of the same reasons as last above named. 

14. William Staley—who voted at same place, because of same 
reason as last above named. 

15. Michael Maho—who voted at same place, and because of same 
reasons as last above named. 

16. Patrick Conley—who voted at same place, and because of same 
reason as last above named. 

17. Frank O’Neil—who voted at district No. 4, of Boyle county, 
and because of same reason as last above named. 

18. James Fitzsimmons—who voted at same place, because of same 
reason as last above named. 

19. Henson Gee—who voted in district No. 1, in Boyle county, 
because he is an idiot. 

1. James F. Alstott alias Fletcher Alstott—who voted at Rolling 
Fork precinct, in Casey county, because be was not twenty-one years 
of age. 

2. Michael McCarty—who voted at same place as last above named, 
because he was a foreigner, and not a citizen of the United States. 

3. Isaac Roaten—who voted at Liberty precinct, in Casey county, 
because he was not a resident of the State, county, or precinct in which 
he voted for the time required by law. 

4. James Wilson—who voted at Liberty precinct, in Casey county, 
because of the same reason as last above named. 

5. J. E. King—who voted at the Jenkins district, in Casey oounty 
because be was not twenty-one years of age. 

6. J. H. Bryant—who voted at the Rolling Fork precinct, in Casey 
county, because he was indicted, sentenced, and convicted to the peni¬ 
tentiary from said county for felony, and served his time out in the 
penitentiary, and was thereby legally disfranchised. 

7. Martin B. Blevins—who voted at the Tates district, in Casey 
county, because he was not a resident of said district for the time 
required by law. He was, in fact, a resident of the Jenkins dis¬ 
trict. 

8. Commodore Minor—who voted at Rolling Fork precinct, in 
Casey county, because he had before the election removed to Marion 
county, and was not a resident of the county in which he voted. 

1. Thomas Stockton—who voted in district No. 4, Clinton county, 
because he was not a resident in the State, county, or precinct in 
which he voted for the time required by law. 

2. James Johnson, jr.—who voted in district No. 1, of Clinton 
county, because he resided in district No. 4, of said county. 

3. John Semans—who voted in district No. 3, of Clinton county, 
because he was under twenty-one years of age. 


428 


KENTUCKY CONTESTED ELECTION. 


4. John Hughes—who voted at district No. 2, of Clinton county, 
because of the same reason as last above named. 

5. Elijah Brown—who voted in district No. 5, of same county, and 
for the same reason as last above named. 

6. John Guthrie—who voted in district No. 1, of Clinton county, 
because he lived at the time in district No. 3, of said county. 

7. S. J. Vance—who voted in district No. 5, in Clinton county, 
because he lived at the time in district No. 4, of said county. 

8. Joshua Birdwell—-who voted in district No. 2, of Clinton county, 
because he lived in district No. 1, of said county. 

L “ 9. George Wilkerson—who voted in district No. 2, of Clinton county, 
because he was a foreigner and not a citizen of the United States. 

10. Jno. Travis—who voted at same place as last above named, 
and because of same reasons. 

11. David Gwinn—who voted at the Albany district, of Clinton 
county, because he lived at the time in the Hays district, of said 
county. 

12. James Hail—who voted in district No. 3, of Clinton county, 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

13. Calvin Givens—who voted at the Albany district, in Clinton 
county, because he is non compos mentis, in other words, an idiot. 

14. Frederick Greir—who voted at the Piney Woods district, in 
Clinton county, because he is a foreigner and not a citizen of the 
United States. 

1. Samuel Sparks—who voted at Burksville precinct, in Cumber¬ 
land county, because he was not a resident of the State, county, or 
precinct in which he voted for the time required by law. 

2. James II. Bird—who voted at same place, and for the same 
reasons as last above named. 

3. Henry Smith—who voted at same place, and for same reasons as 
last above named. 

4. John Niel—who voted at same place, and for same reasons as 
last above named. 

5. Ben. Farmer—wdio voted at same place, and for same reasons as 
last above named. 

6. G. J. Furkin—who voted at same place, and for same reasons 
last above named, and because he lived at the time in the Elliott dis¬ 
trict of said county. 

7. Jno. Wright—who voted at same place, and because he was not 
a resident of the State, couniy, or precinct in which he voted for the 
time required by law. 

8. J. W. Poulson—who voted at Kettle Creek precinct, in Cum¬ 
berland county, because of the same reasons as last above named. 

9. Jacob Dalworth—who voted at same place, and for same reasons 
as last above named. 

10. A. J. Wilkerson—who voted at Whetstone district, in Cumber¬ 
land county, because he resided at the time in Adair county. 

11. John Cooksey—who voted at same place, because he resided at 
the time in Clinton county. 

12. John Johnson—who voted at the Kettle Creek precinct, in 
Cumberland county, because he was not 21 years of age. 


KENTUCKY CONTESTED ELECTION. 


429 


13. Henry Givens—who voted at the Whetstone precinct, in Cum¬ 
berland county, because he had not been a resident of the State, 
county, or precinct in which he voted for the time required by law. 

14. James Smith—who voted at the Kettle Creek precinct, in Cum¬ 
berland county, because he had not been in the State or county the 
time required by law, and because he was at the time a resident of 
Tennessee. 

15. Alfred Scott—who voted at same place, and for same reasons 
as last above named. 

16. John Powell—who voted at the Elliott district, in same county, 
because he was not a resident of the State, county, or district in which 
he voted for the time required by law. 

17. Humphrey Krider, or Crider—who voted at the Elliott district, 
in Cumberland county, because he was not 21 years of age. 

1. Sam. Powell—who voted at Stanford, in Lincoln county, because 
he was not a resident of the State, county, or precinct in which he 
voted for the time required by law. 

2. John Severance, jr.—who voted at Crab Orchard precinct, in 
Lincoln county, because he was not at the time a resident of the county 
or precinct in which he voted. 

3. Stephen Blankenship—who voted at the same place as last above 
named, because he was at the time a resident of Walnut Flat district. 

4. J. Waterhouse—who voted at same place as last above named, 
because he had cot been a resident of the State, county, or precinct 
in which he voted for the time required by law. 

5. G. Payne—who voted at Crab Orchard precinct, in Lincoln 
county, because of the same reasons as last above named. 

6. Wiley Davis—who voted at the same place, because of the same 
reasons above last named. 

7. Stout Higgins—who voted at the Walnut Flat precinct, in Lin¬ 
coln county, because he had lost his citizenship in said district, and 
because he had not been in the State, county, or district in which he 
voted for the time required by law. 

8. William Lyton—who voted at Waynesburg, in Lincoln county, 
because he was not a resident of the State, county, or precinct in which 
he voted for the time required by law. 

9. James Stout—who voted at the same place, and because of the 
same reasons as last above named. 

10. Zach. Cash—who voted at the same place, and because of the 
same reasons as last above named. 

11. Levi Cotten—who voted at Turnersville precinct, in Lincoln 
county, because he was not a resident of said precinct, and because at 
the time he actually lived in Casey county. 

12. Cornelius Campbell—who voted at Hustonville, in Lincoln 
county, because he was a foreigner and not a citizen of the United 
States, and not a resident of the State, county, or precinct in which 
he voted for the time required by law. 

13. John Shenan or Shenandow—who voted at the same precinct 
as last above named, and because he was not 21 years of age. 

14. Charles McWilliams—who voted at the same precinct as last 


430 


KENTUCKY CONTESTED ELECTION. 


above named, because he was not a resident of the county or precint in 
which he voted for the time required by law, and because he was at 
the time a resident of Fayette county, Kentucky. 

15. Adam Petree—who voted at the Crab Orchard precinct, in 
Lincoln county, because he was not 21 years of age. 

Jesse Hoythe—who voted at Waynesburg, in Lincoln county, be¬ 
cause he had before the election removed to Rockcastle, and was not 
a resident of the precinct in which he voted. 

1. L. E. Reed—who voted at Creelsborough district, in Russell 
county, because he had not been in the State, county, or precinct the 
time required by law. 

2. James M. Luster—who voted at the same place, because of the 
same reasons as last above named. 

3. Silas alias Cyrus Collins—who voted at same place, and because 
of same reasons as last above named. 

4. Albert McDowell—who voted at precinct No. 1, in Russell 
county, because he was at the time a resident of precinct No. 2, in 
said county. 

5. William Sharp—who voted in Jamestown, Russell county, be¬ 
cause he was not at the time a resident of said precinct. 

6. Elijah Lowe—who voted at the Wolf Creek precinct, in Russell 
county, because he had not been a resident of the State, county, or 
precinct for the time required by law. 

7. Lindsey Brummett—who voted at Lairsville precinct, in Russell, 
because he lived at the time in Clinton county. 

8. James P. Miller—who voted at Creelsboro’, in Russell county, 
because at the time he was a resident of Adair county. The acts of 
the general assembly of the State of Kentucky for 1825 makes the 
house in which said Miller resides in Adair county; pages 40 and 41. 

9. Allen Rytre—who voted at Creelsboro’, in Russell county, be¬ 
cause he was at the time a resident of Clinton county. 

1. William Redding—who voted at Salem precinct, in Taylor county, 
because he had not been a resident of the State, county, or precinct 
the time required by law, and because he refused to be sworn. 

2. William Sullivan, jr.,—who voted at the same place, and for 
the same reasons (first) last above named, 

3. James H. Ratliff—who voted at Little Pinch era district, in Tay¬ 
lor county, because of the same reasons last above named. 

4. Frank Rhodes—who voted at the Newsville district, in Taylor 
county, because he was not twenty-one years of age. 

5. Marian Peterson—who voted at the Campbellsville district, in 
Taylor county, because he was not a resident of the State, county, or 
precinct for the time required by law. 

6. Milton Simpson—who voted at Little Pinchem precinct, in Tay¬ 
lor county, because of the same reasons as last above named. 

7. Henry Sheffner—who voted at same place as last above named,, 
because he was not twenty-one years of age. 

I deny that William Davis, and Jackson D. Richardson, and Wil¬ 
liam R. Cumbess, voted for you, and were so cried by the sheriff, and 
that the clerk omitted to record them for you; but I state that the 
same were properly recorded. 


KENTUCKY CONTESTED ELECTION. 


431 


I deny that the judges and clerk of election at the district in which 
Wiley Turner voted erased his name and vote without just reasons. 

I deny that the judges without good reasons refused to receive the 
vote of Anderson Hare. 

I deny that upon the poll-books the names of Nat. Harmon, George 
W. Crane, and Samuel Leffew, are recorded for me; but they voted 
for and are recorded for you. The vote of Nelson Pendergraft is re¬ 
corded for me, and I state that he so voted, and his vote was so re¬ 
corded by the clerk at the time. 

I deny that George Jones voted for you; I state that he voted for 
me at the polls, and was so recorded. 

I deny that the poll-books of the Ireland precinct, in Taylor county, 
are improperly certified; and also deny that the officers of said pre¬ 
cinct were not sworn according to law. 

I also deny that the poll-book of district No. 7, in Wayne county, 
was illegally and improperly certified. 

You are hereby notified that I shall object to, and insist upon re¬ 
jecting, the poll-book and the votes thereon recorded, of the Casey Creek 
precinct, in Casey county, because there is no certificate whatever 
upon said book. At said precinct the vote stood: Anderson, 49; 
Chrisman, 95. I shall also object to, and insist upon rejecting, the 
poll-book, and the votes thereon recorded, of the Harmony district, in 
Adair county, because the same is not certified according to law. At 
said precinct the vote stood Anderson, 37; Chrisman, 230. 

I shall also object to, and insist upon rejecting, the poll-book and 
votes thereon recorded, of the Whetstone precinct, in Cumberland 
county, because the same was not certified as required by law. I shall 
also object to, and insist upon rejecting, the poll-book and the votes 
thereon recorded, of the Mansville district in Taylor, because the same 
was not certified as required by law. 

I shall also object to, and insist upon rejecting, the poll-books and 
the votes thereon recorded, of all the precincts in Wayne county, be¬ 
cause they were never sealed up and delivered to the clerk as required 
by law ; and if so delivered, were broken open before the time fixed by 
law, and also because the said poll-books were in your possession, and 
inspected by you and your political friends before the day fixed for the 
comparison of the polls. 

I shall object to, and insist upon rejecting, all the poll-books of Tay¬ 
lor county, because the same were not sealed up and delivered accord¬ 
ing to law ; and if so sealed and delivered, the seals were broken and 
the books opened before the day fixed by law for the comparison. 

I shall also object to, and insist upon rejecting, all the poll-books of 
Green county, because the same were not certified, sealed, and deliv¬ 
ered according to law ; and if so certified, sealed, and delivered, the 
seals were broken open on Tuesday (by your democratic friends) next 
after the election, and before the comparison. 

I shall also insist upon counting in my favor the following votes, 
which were cast for me, and were omitted to be recorded by the clerk: 

Richard Pendergraft—who voted at district No. 1, in Boyle county. 

Henson Pendergraft—who voted at the same place. 


432 


KENTUCKY CONTESTED ELECTION. 


David Wells—who voted at the Burksville precinct, in Cumberland 
county. 

Bethel, alias B. Compton—who voted at Gradyville precinct, in 
Adair county. 

A. J. York—who voted at district No. 3, in Clinton county. His 
name is recorded for W. A. Hoskins, a candidate for the State senate, 
instead of for Anderson for Congress. His name being recorded for 
Hoskins and Boles, who w r ere both candidates for the seriate. 

I shall also insist upon striking from your poll and adding to my own 
the vote of J. T. Reynolds, who voted in district No. 3, in Boyle 
county. He voted for me, and his vote was, by mistake of the clerk, 
recorded for you. 

James Jones—who voted at Gradyville precinct, in Adair county. He 
voted for me, and his vote, by mistake of the clerk, is recorded for you. 

Cyrus Todd—w T ho voted at the White Oak precinct, in Adair county; 
he voted for me, and his vote, by mistake of the clerk, was recorded for 
you. 

I shall also insist upon striking from your poll the vote of Samuel 
M. Baker, who voted at Columbia, in Adair county. He voted for 
me, and his vote, by mistake of the clerk, was recorded for you and 
me both. 

M. Rhyne, F. L. Thomas, A. Palston, Ben Austin, J. C. Williams, 
J. C. Cundiff, W. L. Baldock, W. J. Jones, Bird Russell, J. Abb- 
shear, all of whom voted at the Tate precinct, in Casey county, and 
their votes are recorded for you and me both, w r hen they all voted for 
me. 

William Curry—who voted at Columbia, in Adair county. He 
voted for me, and his vote, by mistake of the clerk, is recorded for you. 

I shall also insist upon adding to my poll the names of the follow¬ 
ing voters, who were legal voters, and offered to vote, and were im¬ 
properly and illegally rejected by the judges of the election : 

Charles B. Kirkland—who offered to vote at precinct No. 1, Boyle 
county. 

B. W. Moss—who offered to vote in precinct No. 2, in Boyle county. 

Isaac F. Kees—who offered to vote at Greensburg, in Greene county. 

I shall also insist on excluding the votes of the following named 

persons who were permitted to vote after the time fixed by law for 
-closing the polls: 

Frank Dulany—who voted at the Crab Orchard precinct, in Lincoln 
county. 

William Griffin—who voted at same place. 

John Shilton, alias Chilton—who voted at the Jamestown precinct, 
in Russell county. 

I shall also insist upon adding to my poll the votes of the following 
named persons who voted for me, and were so recorded, and their 
votes stricken from the books by the judges of the election after said 
voters had left the polls, and were not recalled, and without their 
consent or approbation : 

Archibald Lindville—who voted at district No. 4, in Clinton county. 

Jesse Lindville—who voted in district No. 1, in Clinton county. 

W. A. Ellis—who voted in district No. 4, same county. 


KENTUCKY CONTESTED ELECTION. 


433 


I shall insist upon rejecting the 3d page of poll-book of precinct 
No. 5, in Russell county, because the same was not signed by the 
clerk, as required by law. On that page the vote stood : Chrisman, 
18 ; Anderson, 9. 

I shall also insist on striking from your poll the vote of W. R. 
Bowman, alias William Bowman, who voted in district No. 2, in 
Boyle county, because said Bowman gave no vote in the congressional 
race, and, by mistake of the clerk, his vote has been recorded for you. 

I shall also insist upon striking from your poll the vote of George 
R. Vaught, who voted at the Somerset district, in Pulaski county, 
because the vote of said Vaught was recorded by the clerk for you 
and myself both, when he voted for me. 

I shall also insist upon rejecting the poll-book, and votes thereon 
recorded, of the Bent district, in Pulaski county, because three of the 
officers who held the election in said district were of the same 
politics with yourself, and opposed to me in politics, when, by the 
laws of Kentucky, there should have been an equal division of the 
officers, if they could have been found in the district; and I allege 
that there were enough voters residing in the district who agreed with 
me in politics to have filled said offices. I state that Joseph Randall, 
a judge, Greenup Meece, sheriff, and Willis J. Stogsdill, clerk, of 
said district, are all democrats, and agree with you in politics, and 
held the election at said district; and at the district the vote stood: 
Chrisman, 68 ; Anderson, 2. 

I shall also insist that the vote of Frank Harrison, who voted at 
the Somerset precinct, in Pulaski county, be so changed as to give his 
vote to me alone. By a mistake of the clerk he is put down as hav¬ 
ing voted for me and you both, when he voted for me alone. 

You claim that at the Kettle Creek precinct, in Cumberland county, 
a mistake of ten votes was made to your prejudice. If you receive 
the benefit of such pretended mistake—and I deny that such a mis¬ 
take was made—I shall claim that the whole vote of Kettle Creek 
precinct be rejected, because the vote of said precinct, or a large por¬ 
tion thereof, was recorded by one C. C. Huges, who was not the clerk 
of said election, and had no authority to act as such. 

I also claim that my actual majority from the county of Boyle was 
490 votes, when, according to the returns sent to Frankfort, it was 
only 486, and so counted in the returns. 

In the account sent to Frankfort from Adair county the majority 
against me was 550, when the actual majority was only 549. 

There are other mistakes to my prejudice, as I will show by the 
proof. According to the laws of Kentucky, voting has to be done 
viva voce> and clerks of elections may and actually do make mistakes, 
and many have been made to my prejudice. The democracy regard 
everything fair in politics, and after you had been defeated you ought 
to have submitted. Because frauds have been heretofore perpetrated 
by your party in elections, and men defeated when they were fairly 
elected, is no reason why you should now claim my seat. I therefore 
say you cannot chisel me out of my seat, to which I am fairly and 
honestly elected. 

The treasury at Washington is empty, and will doubtless be if 
H. Mis. Doc. 11-28 


434 


KENTUCKY CONTESTED ELECTION. 


Buchanan democracy is continued in power. I am informed, and 
shall insist upon, and expect to prove, that you have said that you 
did not desire to contest my seat, but some of your party forced you 
to do it; and, even if defeated in Congress, you would get the mileage 
and compensation anyhow. 

4. Daniel Sullivan, sr.—who voted at the Greensburg district, 
Greene county, because he was not a resident of the State, county, 
and district the time required by law. 

5. Seldon Renfro—who voted at district No. 5, in Greene county, 
because of the same reasons as last above named. 

6. Thomas Elmore—who voted at district No. 4, in Greene county, 
because he was not 21 years of age. 

1. John Ping—who voted at the Dallas district, in Pulaski county, 
because he had not been a resident of the State, county, or district 
for the time required by law. 

2. William Thompson—who voted at the Dallas district, in Pulaski 
county, because he was not twenty*one years of age. 

3. William Pierce—who voted at the Harrison district, in Pulaski 
county, because he was not twenty-one years of age. 

4. David Sadler—who voted at the Harrison district, in Pulaski 
county, because he was not a resident for the time required by law ; 
in fact, he was a resident of Logan county, Kentucky, at the time of 
said election. 

5. Leroy Whitiss—who voted at the Gaines district, in Pulaski 
county, because he was not twenty-one years of age. 

6. Samuel Garland—who voted at the Point Isabel district, in Pu¬ 
laski county, because he had been indicted, convicted, and sentenced 
to the penitentiary, for felony in Whitley county, and served his time 
out therein, and was thereby by law disfranchised. 

7. Eli Dykes, jr—who voted at the Somerset district, in Pulaski 
county, because he was a resident of the Bent district, Pulaski county, 
at the time of said election. 

8. John L. Logan—who voted at the Harrison district, in Pulaski 
county, because he was not a resident of the State, county, or district 
for the time required by law. 

9. Samuel Thacker—who voted at the Juggernaut district, in Pu¬ 
laski county, because he had been indicted, convicted, and sentenced 
to the penitentiary, and served his time out therein, and was thereby 
disfranchised. 

10. Wesley Neal—who voted at the Buncombe district, in Pulaski 
county, because he was not a resident of the State, county, or district 
for the time required by law. 

11. Norris Williams—who voted at the Bent district, in Pulaski 
county, because he was not a resident of the State, county, or district 
for the time required by law. 

12. Washington Reynolds—who voted at the Bent district, in Pu¬ 
laski county, because of the same reasons as last above stated. 

13. James Parton—who voted at the Harrison district, in Pulaski 
county, because he was not twenty-one years of age. 

14. John Elder—who voted at the same district, for the same rea¬ 
sons above. 


KENTUCKY CONTESTED ELECTION. 


435 


15. Pleasant Jeffries—who voted at the Juggernaut district, in 
Pulaski county, because he was a foreigner, and not a citizen of the 
United States. 

16. Thomas Jenkins—who voted at the same district, and for the 
same reasons as above. 

17. Henderson Angell—who voted at the same district, because he 
was not a resident of the State, county, or district for the time re¬ 
quired by law. 

18. Patrick Doyle—who voted at the same district, because he was 
not a resident of the State, county, or district for the time required 
by law. 

19. Samuel Hansard—who voted at the same district, because there 
is no such voter living in said district. 

20. John Davis—who voted at the Somerset district, Pulaski county, 
because he was not twenty*one years of age. 

21. William Burton, son of Benjamin Burton—who voted at the 
Gaines district, Pulaski county, because he was not twenty-one years 
of age. 

22. Dunny Lustre, son of Jessie Lustre—who voted at the same 
district, and for the same reason. 

23. J. J. Smiley—who voted at the Grundy district, Pulaski county, 
because he was not a resident of the State, county, or district for the 
time required by law. 

24. Emerson Strunk—who voted at the Texas district, Pulaski 
county, because he was not twenty-one years of age. 

25. Joseph Keith—who voted at the same district, and for the 
same reason. 

26 Daniel Chitwood—who voted at the same district, because he 
was not a resident of the State, county, or district tor the time re¬ 
quired by law. 

27. Jonathan Abbott—who voted at the same district, and for the 
same reason. 

28. John Brown—who voted at the same district, and for the same 
reason. 

29. Elijah Burton—who voted at the Gaines district, Pulaski 
county, because he was not twenty-one years of age. 

1. Samuel Chaney—who voted at the district No. 5, in Green 
county, because he was not twenty-one years of age. 

2. Isaac Hartfield—who voted at district No. 4, in said county, be¬ 
cause he was a foreigner, and not a citizen of the United States. 

3. Samuel Bennett, jr—who voted in the same district last named, 
because he was not a resident of the State, county, or precinct for the 
time required by law. 

1. George W. St. Johns—who voted at the district No. 1, Wayne 
county, because he was not a resident of the State, county, or precinct 
for the time required by law. 

2. Williams Boston—who voted at district No. 1, of said county, 
because he was not a resident of the county or district for the time 
required by law. 

3. Charles Mitchell—who voted at the same place, because he has 


436 


KENTUCKY CONTESTED ELECTION. 


not been a resident of the Stale, county, or district for the time re¬ 
quired by law. 

4. E. B. Jones—who voted at the same district, because he is a for¬ 
eigner, and not a citizen of the United States, nor a resident of the 
State, county, or district the time required by law. 

5. J. J. Shepperd—who voted at the same district, because he was 
not a resident of the State, county, or precinct for the time required 
by law. 

6. Henry Graer—who voted at the same district, because he is a 
foreigner, and not a citizen of the United States. 

7. A. K. Bussell—who voted at the same district, because .he was 
not a resident of the State, county, or district for the time required 
by law. 

8. James Low—who voted at the same district, because he was 
not a resident of the county or district for the time required by law. 

9. E. F. Wallen—who voted at the same district, because he was 
not a resident of the State, county, or district for the time required 
by law. 

10. Henry Martin—who voted at the same district, because he is a 
foreigner, and not a citizen of the United States. 

11. Andrew Henny—who voted at the^ame district, because he is 
not twenty-one years of age. 

12. John Chriswell—who voted at the same district, because he was 
not a resident of the county or district for the time required by law ; 
in fact, he is a resident of Clinton county, Kentucky. 

13. G. B. Vaughn—who voted at the same district, because he is 
not a resident of the district. 

14. Shelby Thomas—who voted at the same district, because he is 
not twenty-one years of age. 

15. Charles Orman—who voted at the same district, because he is 
a foreigner, and not a citizen of the United States. 

16. Geo. Smith—who voted at the same district, because he is not 
twenty-one years of age. 

17. Wm. Terry—who voted at the same district, because he was 
not a resident; in fact, he was a resident of Russell county at the time 
of the election. 

18. Geo. Arthur—who voted at the same district, because after he 
had voted for me, and left the polls, his name was erased from the 
poll-books. 

19. J. McBlack—who voted at the Mill Springs district, Wayne 
county, because there is no such a voter in the district. 

20. Seaburn Crutchfield—who voted at the Mill Springs district, in 
Wayne county, because he was not resident of the county, State, or 
district for the time required by law ; in fact, he is a resident of 
Kansas Territory, and voted, or said he voted, in said Territory; and, 
further, because he is not entitled to vote in Kentucky, or anywhere 
else, he being under twenty-one years of age. 

21. Thos. Rutherford—who voted at the same district, because he 
is not twenty-one years of age. 

22. Marion Stevenson—who voted at the same district, because he 
is not a resident of the county or district for the time required by law. 


KENTUCKY CONTESTED ELECTION. 437 

23. Thos. Mas—who voted at the same district, for the reason last 
above named. 

24. Wm. Scantland—who voted at the same district, because he is 
not twenty-one years of age. 

25. Samuel Pennington—who voted at the same district, because 
he was not a resident of the State, county, or district for the time re¬ 
quired by law. 

26. Jno. Fredricks—who voted at the same district, because he is 
a foreigner, and not a citizen of the United States. 

27. James Daws—who voted at the same district, because he is not 
a resident of the county or district; in fact, he is a resident of Pulaski 
county. 

28. Wm. Dobkins—who voted at the same district, because he was 
not a resident of the State, county, or district for the time required by 

law. 

29. H. P. Jones—who voted at the same district, because he was 
not a resident of the county or district for the time required by law. 

30. S. A. Hutchison—who voted at the same district, because he is 
not twenty-one years of age. 

31. Wm. Weaver—who voted at the same district, because, after he 
had voted, and several other voters had voted after him, he had his 
vote recorded for you, he not having voted for you, when he first cast 
his vote for other democratic candidates for the various offices of the 
State, &c. 

32. Thomas Simpson—who voted in Mill Springs district, because 
he is under twenty-one years of age. 

33. George Payn—who voted at the same district, because he is an 
idiot. 

34. F. M. Marcum—who voted at the same district, because after 
he had recorded his vote for me, and had left the polls, his name was 
erased from the poll-book, so far as his having voted for me. 

35. William Foster, jr.—who voted in Mill Springs district, be¬ 
cause he is under age, and not a resident of t ie district, as required 
by law. 

36. Alberry Shoat—who voted at the Edwards district, in Wayne 
county, because he was not a resident of the county for the time re¬ 
quired by law. 

37. Emerson Hancock — who voted at the same district, because he 
was Lot 21 years of age. 

38. Wm. Rule—who voted at the same district, for the same 
reason last stated. 

39. Shelby Denny—who voted at the same district, for the same 
reason last stated. 

40. Wm. Carter—who voted at the same district, because he was 
not a resident of the State, county, or district for the time required 
by law. 

41. Granville Morgan—who voted at the same district, because he 
is not 21 years of age. 

42. C. F. Kidd—who voted at the same district, because he was 
not a resident of the State, county, or precinct for the time required 
by law. 


438 


KENTUCKY CONTESTED ELECTION. 


43. Wm. Sloan, jr.—who voted at the same place, because of the 
reasons above named. 

44. Berry Shoat—who voted at the same place, because of the 
reasons above named. 

45. Andrew Hail—who voted at the South Fork district, in Wayne 
county, because he was not 21 years of age. 

46. Granville Spradlen—who voted at the same place, because he 
was not 21 years of age. 

47. William Breuster—who voted at the same place, because he 
was not a resident for the time required by law. 

48. Peter Phipps—who voted at the same place. He only voted 
for W. A. Hoskins, a candidate for the State senate ; he did not vote 
in the congressional race, and his vote, since the polls were returned, 
has been put down for Chrisman. 

49. Patten Foster—who voted in district No. 7, Dobbsville, be¬ 
cause he was not a resident for the time required by law. 

50. William King—who voted at the same place, because he was 
not 21 years of age. 

51. James Davis—who voted at the same place, and because he 
was not a resident for the time required by law. 

52. Frank Winchester—who voted at the same place, because of 
reasons last above named. 

53. Hiram Troxdall—who voted at the same place, because he was 
not 21 years of age. 

54. Bryant Thurston—who voted at the Mulientown district, 
Wayne county, because he was not 21 years of age. 

55. Granville Shoat—who voted at the same place, because he was 
not a resident for the time required by law. 

56. William Kennedy—who voted at the Sinking district, in 
Wayne county, because he was not a resident for the time required 
by law. 

57. Isaac Mason—who voted at the same place, because he is not a 
legal voter. 

58. Stephen Loveall—who voted at the same place, because he is 
under 21 years of age. 

59. Gideon Loveall—who voted at the same place, because he is 
not a legal voter. 

60. Christopher Jones—who voted at the same place, because he is 
not 21 years of age. 

61 John Henry—who voted at Mullen ton, because he was not a 
resident of the county, State, or district the time required by law. 

I have denied the charges in the paragraphs named, and may have 
omitted to speak of some special charges in your pretended notice ; if 
so, I hereby deny them ; but I do admit that Abraham Mounce, 
whose vote you challenged, as I suppose, was not a legal voter ; for, 
if you will examine the poll-books, you will find that the said Mounce 
voted for you, and is so recorded and counted. 

You have also challenged the vote of James Low. The said 
Jimmy voted for you, and is so recorded, and the same is illegal; 
and 1 therefore admit that, as he voted for you, his vote is illegal. 


KENTUCKY CONTESTED ELECTION. 


439 


I have been persecuted by the leaders of the democratic party, and 
my seat in the Congress of the United States has been contested ; but 
I expect to prove, and will prove, before said Congress that I am 
honestly, fairly, and legally elected to that position ; and I will state, 
that in the discharge of the high duty as the representative from the 
fourth congressional district of Kentucky, I will endeavor to so act as 
to meet with the confidence and respect of my constituents. The war¬ 
worn veteran ; the children of the country ; the widow ; the orphan ; 
shall, as far as my feeble efforts are concerned, be fully rewarded. 

W. C. ANDERSON. 

And I will, on the 31st day of October, 1859, at the court-house 
in Liberty, Casey county, before Winston Bowman, presiding judge of 
the Casey county court, take the depositions of Joel Sweeney, Asa 
Bryant, G. W. Bowman, Thomas Watson, R. H. Wilkenson,C. F. 
Campbell, Dr. W J. McGowan, Henry Davenport, George Day, 
James Day, John Earls, T. R. Tucker, James Allstott, George Moore, 
James Brown, Robert Peyton, II. W. Thomas, Frank Woolford, Mc¬ 
Dowell Fogle, Mrs. Harrison Patterson, Perry Humphrey, John 
Durham, F. L. Thomas, Rebecca Lanehart, William Smith, Ander¬ 
son Rigney, John Pelly, Winston Bowman, C. R. Coffey, W. C. Myers, 
John Denham, P. Jenkins, Charles Tate, D. Tucker—all of which 
witnesses now reside in the county of Casey, and State of Kentucky. 

W. C. ANDERSON. 


State of Kentucky, Casey County , ss: 

Winston Bowman, presiding judge of the Casey county court, affi¬ 
ant, states that on the 31st October, 1859, depositions were taken be¬ 
fore him in the contested election between James S. Chrisman and 
William C. Anderson, from the fourth congressional district, which dep¬ 
ositions so taken have been enclosed to the clerk; and that he now en¬ 
closes this notice : Notice of James S. Chrisman to William C. Ander¬ 
son and William C. Anderson to said James S. Chrisman, to he filed 
with the said depositions. 

WINSTON BOWMAN, 

Presiding Justice . 

Sworn to before me this 23d day of November, 1859. 

JOEL SWEENEY, E . 8. C. C. 


440 


KENTUCKY CONTESTED ELECTION. 


Depositions taken at the court-house in Liberty, Casey county, 
Kentucky, on the 31st day of October, 1859, before Winston Bowman, 
presiding judge of the Casey county court, to be read in the matter of 
contest pending before the House of Representatives of the United 
States between James S. Chrisman as contestant, and W. C. Anderson 
as contestee: 

F. R. Tucker, being sworn, says : I voted at the Casey Creek precinct, 
in Casey county, at the August election, 1859, for W. C. Anderson ; 
I was horn and raised in the State ; I left the State the 27th of March, 
1858 ; I went to Missouri to look at the country, and then to come 
hack home; I was gone to Missouri ten months, but only left to be 
gone six weeks ; I regarded Kentucky as my home all the time, and 
if I had not I would not have come back ; I regarded my home in the 
Casey Creek precinct, where I voted ; I have never had any other home 
except in that precinct; I was over twenty-one years of age at the 
election ; my father resides in that precinct, and also my grandfather, 
and I regarded my grandfather’s as my home at the election. 

On cross examination by Chrisman, says: I was not engaged at 
work in Missouri more than twenty days, not being able to work; I 
was not visiting anybody out there, just went to look at the country ; 
I took the chills out there, which was the reason I staid there ; I had 
two attacks of the chills, and had them so bad I could not get home; 
I was in Boone county; I started home in January, the 1st, and 
reached home the succeeding Friday ; I did not intend to remain there. 

F. R. TUCKER. 

Also the deposition of Newman Tucker, taken at the same time and 
place, and for the same purpose: 

By Mr. Anderson: 

I am the father of F. R. Tucker, who has just given his deposition ; 
the best of my recollection is, that he was twenty-three years old the 
12th of October instant; he was born and raised in Kentucky, in the 
Casey Creek district, where he voted, and he has never lived at any 
other place, and never was from me except when he started to Missouri; 
I then understood that he was going to Missouri to stay six weeks and 
then return home. 

NEWMAN TUCKER. 

Also the deposition of Anderson Rigney, taken at the same time 
and place and for the same purpose: 

By Mr. Anderson: 

I was one of the judges of the election at the South Fork or Titus 
district, in Casey county, at the last election ; I remember that Thomas 
Simpkins voted there; his age was doubted, and he was sworn, and 
he swore he was twenty-one years of age; I asked him the question 
myself; a man by the name of Blevins, which I suppose is Martin—the 
poll-book will show—voted at that precinct; there was a contention as 
to what district he lived in ; he had moved from where he formerly 
lived, but was permitted to vote. 


KENTUCKY CONTESTED ELECTION. 


441 


By Mr. Chrisman: 

Blevins claimed to live in that district; some claimed that he lived 
on one side of the line ot the district, and some on the other ; I do not 
know myself where he lived. 

ANDERSON RIGNEY. 

Also the deposition of James M. Swiggett, taken at the same time 
and place, and for the same purpose : 

I am sometimes called Richard Swiggett; it is a nick-name ; I know 
James F. Alsott; he is commonly called Fletcher Allstott; I suppose 
he voted at the Rolling Fork district, in Casey county ; I examined the 
family Bible of his father to ascertain his age ; according to the Bihle 
he was born on the 17th day of September, 1839 ; his age is there so 
recorded. 

By Mr. Chrisman: 

The Bible is in the possession of his father ; his father lives about 
nine or ten miles from Liberty ; had no conversation with his father in 
reference to his age ; I know nothing of his age of my own knowledge ; 
his father is able to come to Liberty ; I am not related to the family. 

By Mr. Anderson : 

The Bible also contains the record of the age of the balance of the 
family, I suppose. 

JAMES M. SWIGGETT. 

Also the deposition of James Brown, taken at the same time and 
place, and for the same purpose: 

By Mr. Anderson : 

I am father of G. M. Brown, who voted for Anderson at Liberty, 
Casey county, at the August election of 1859 ; he will be twenty-three 
years of age on the 8th day of November, 1859 ; he was born and raised 
in this county, and has always lived here and in the precinct in which 
he voted since he was twenty-one ; he has been in the district for 
fourteen years ; I know J. F. Alsott alias Fletcher Alstott; he and one 
of my boys, who was not old enough to vote, had a conversation at my 
table a few Sundays before the election—not more than two or three ; 
Alsott ashed my son if he was old enough to vote; my son said no, 
and then asked Alstott whether he was old enough, and Alsott said 
no, he was not; he said he lacked a few days of being old enough. 

JAMES BROWN. 

Also the deposition of T. W. Wash, taken at the same time and 
place, and for the same purpose : 

By Mr. Anderson : 

I was clerk of the election at the Rolling Fork district, in Casey 
county, at the August election of 1859 ; J F. Alstott, alias Fletcher 
Alsott, voted at that precinct for Chrisman. Michael McCarty, who was 
said to be an Irishman, and I suppose is, also voted there for Chrisman. 

John Henry Bryant also voted there, and voted for Chrisman. 

McCarty, who voted there, said he had naturalization papers, but 
did not show them. None of the officers of the election claimed that 


442 


KENTUCKY CONTESTED ELECTION. 


they had ever seen or knew he had such papers. He was admitted a 
vote solely upon the ground that he said he had such papers. 

T. W. WASH. 

Also the deposition of John Earle, taken at the same time an place, 
and for same purpose: 

By Anderson: 

I know Michael McCarty, and he told me he was a foreigner. 

JOHN EARLE. 

Also the deposition of Henry Davenport, taken at the same time and 
place, and for the same purpose: 

By Anderson: 

I know Martin B. Blevins. I don’t know that I am particularly 
acquainted with the line between the Jenkins and Tate districts, 
in Casey county. I have just heard the report of the commissioner 
to lay off the districts read. I know where said Blevins lived at 
the time of the election. I suppose he lived on the town lot in 
Menterville, and of the line including the town in the Jenkins dis¬ 
trict. He lived in the Jenkins district. Moorfield family lived in the 
house where Blevins lived, hut nobody had lived there for some time. 
Menterville is included in the Jenkins district, according to the report 
of the commissioners to divide the county. I refer to the report for 
the boundaries. Jenkins district is No. 2, and Tate No. 3. 

By Chrisman. Do you know of an illegal vote cast for Anderson in 
the election of last August, either by non-residence in the district or 
otherwise ? 

Answer. I don’t know of hut one, and I don’t know that that is 
particularly. 

By same. Whose vote is that, and for what reason do you suppose 
it to be bad ? 

Answer. C. F. Campbell voted in the Jenkins district, and accord¬ 
ing to the reading of the lines above referred to his place of voting 
would be at Tate’s precinct. He voted for Anderson. 

By same. How far does Campbell live from Blevins’ ? 

Answer. Right close together. 

HENRY DAVENPORT. 

Also the deposition of Winston Bowman, taken at the same time and 
place, and for same purpose: 

By Anderson: 

I am by law one of the county hoard for examining the returns of 
elections for Casey county. The poll-book of the Casey Creek pre¬ 
cinct, in Casey county, was returned to the clerk’s office with no 
certificate upon it, as will appear by the hook itself. We counted 
the vote at that precinct in the returns sent to Frankfort. I made a 
copy of the poll-hook, marked A / a part of my deposition. 

By Chrisman. Were any other of the poll-books of Casey county 
returned not certified f 

Answer. I think the Tate’s precinct poll-hook was not certified 
exactly right. I refer to an office copy of it, and all the other poll- 
books of the county, to show for themselves. 


KENTUCKY CONTESTED ELECTION. 


443 


By Anderson : 

I know a man by the name of Isnac Boatan, who voted at 
Liberty for Chrisman. I saw him just before the election, and 
asked him where he lived. He said in Indiana ; that he was em¬ 
ployed in the boat business, running the river. He said he was then 
staying at the Widow Nesses ; that he did not intend to stay long, but 
to go back to Indiana ; that he left very soon after the election, and 
he does not know what became of him. I have been county judge in 
Casey county for some years, and my acquaintance in the county is 
pretty general. I know of no regular citizen of that name, and all I 
know about Roatan is what he told me himself. 

By Chrisman ; 

How long he resided in the district in which he voted, or how long 
in the county, I don’t know ; and whether an illegal voter or not 
I don’t know. I know nothing except what he stated himself. 

By Anderson: 

He said he came from Jeffersonville, Indiana, and said he lived 
there, and was going back. He said be only came out to see about 
his health, which was delicate. He said that was his place of resi¬ 
dence. I understood he said that was his home then , and he was go¬ 
ing back on the river. I don’t know when he left Indiana. 

By Chrisman. Do you know of an illegal vote cast for Mr. Ander¬ 
son in the August election last; and if so, whose vote was it? 

Answer. I know of one. It was Thomas Simpkins. From what I 
have been told, he was not 21 years of age. I am his guardian. He 
was born in 1839, and will be 21 the 3d day of next June, (1860.) 

By same. After he swore at the election that he was twenty-one 
years of age, I settled with him and paid him up, and got his receipt 
for the money I paid him. There is a lawsuit pending here now. 

By Chrisman. In what precinct did he vote? 

Answer. I was not present when he voted ; I understood that he 
voted in the Tate’s precinct. 

By same. Was not the settlement made with him only because he 
swore he was twenty-one. not because you thought or believed he was 
so in fact ? 

Answer. That was the reason why I paid him ; my understanding 
is, that he is now in Virginia. 

By same. Do you make the statement that he is not twenty-one 
merely from your understanding, or from your personal knowledge ? 

Answer. I make it from the record of his age ; I make it from the 
family Bible ; I saw it about three weeks ago ; it is now in Tennessee. 

By same. Do you know of any illegal votes cast for Chrisman at 
the election in August, 1859 ? 

Answer. None except what I have seen challenged, and I only know 
that from hearsay. . WINSTON BOWMAN. 

Also the deposition of Joel Sweeney, taken at the same time and 
place, and for the same purpose: 

By Anderson: 

I am one of the board of examiners for Casey county; I am 
clerk of the county court; I aided in making the comparison of 


444 


KENTUCKY CONTESTED ELECTION. 


the polls, and sending the returns to Frankfort ; the poll-book at 
Casey court, as appeared from the hook not certified, was counted 
against Anderson ; there was no certificate upon the hook except 
what appears there, and I refer to it to show what it does contain. 
He says, also, that was the only poll-book returned uncertified. 

By same. I am clerk of the circuit court; I know John Henry 
Bryant; he was tried in the Casey circuit court for larceny, charged 
with stealing a watch or watches ; he was found guilty, and sentenced 
to confinement in the jail or penitentiary of Kentucky for two years 
and six months. 

By Chrisman. Hid not the governor of Kentucky remit a portion 
of his time, and did not he return before the expiration of the time 
for which he was convicted ? 

Answer. I can’t say that he did. 

By same. Do you know of an illegal vote cast for Mr. Anderson at 
the August election, 1859 ; and if so, where was it? 

Answer. Not of my own knowledge ; nor do I know of any cast for 
Chrisman. 

JOEL SWEENEY. 

[The attorney for Chrisman excepts to the depositions of T. W. 
Wash and James Swiggett, because— 

1. No notice of the taking of the same was given to James S. 
Chrisman. 

2, Because, if so given, it was not for the length of time required 
by law. 

M. T. CHRISMAN, 
For J. S. CHRISMAN.] 

[W. C. Anderson excepts to all questions and answers given to such 
questions propounded by Chrismau, when he asks questions to any 
witness if they know of any illegal votes cast for Anderson. 

He states that the notice to take the depositions of Wash and 
Swiggett was given to the attorney and agent of Chrisman, as will 
appear by the return of the officer. 

W. C. ANDERSON.] 


State of Kentucky, Casey County , ss: 

I, Winston Bowman, presiding judge for the county court of Casey 
county, within the aforesaid State, do hereby certify that the foregoing 
depositions of F. R. Tucker, Newman Tucker, Anderson Rigney, 
James M. Swiggett, James Brown, Henry Davenport, Thos. W. 
Wash, John Earles, Winston Bowman, and Joel Sweeney, were taken 
before me, read to and subscribed by them in my presence at the time 
and place and in the contest mentioned in the caption, the said 
Tuckers, Rigney, Swiggett, Brown, Davenport, Wash, Earles, Bow¬ 
man, and Sweeney, having been first sworn by me and master commis¬ 
sioner that the evidence that they should give in the contest should 
he the truth, the whole truth, and nothing hut the truth, and their 
statements reduced to writing hy William C. Anderson and M. T. 


/ 


KENTUCKY CONTESTED ELECTION. 


445 


Chri8man, by counsel, in my presence, and in the presence of the said 
deponents. William C. Anderson, and M. T. Chrisman, contestant’s 
agent, was present at the examination. 

Given under my hand this 31st day of October, 1859. 

WINSTON BOWMAN, P. J. C. C. 

M. T. Chrisman , agent and attorney for James S. Chrisman: 

Take notice that I will, before Winston Bowman, presiding judge 
of Casey county court, in Liberty, at the court-house, on the 31st of 
October, in addition to the witnesses given in the list to James S. 
Chrisman, also take the depositions of T. W. Wash, James Swiggett, 
L. B. Harrison, W. Bowman, Josiah Campbell, S. G. Pelly, John 
Pelly, and Hugh D. Sanchol, who reside in Casey county, and Richard 
Swiggett and J. S. Pelly, also in Casey county, to be used in the 
matter of contest between James S. Chrisman and myself pending 
in the House of Representatives of the United States. 

W. C. ANDERSON. 

Executed on M. T. Chrisman, agent and attorney for James S. 
Chrisman, this 31st day of October, 1859. 

ASA BRYANT, C. C. C. 

District No. 2, bounded as follows, to wit: Beginning at John 
Sims’s, on the Lincoln county line, and corner of district No. 1 ; 
thence with said county line to the Pulaski county line; thence with 
said county line to Miltonville; thence to James Davis’s; thence to 
Henry Davenport’s ; thence to Thomas Davenport’s, jr.; thence to 
Isaiah Henson’s ; thence to Isaac Merrit’s ; thence to William B. 
Cundiff’s ; thence to James Shackelford’s, a corner of district No. 1 ; 
thence with the line of said district to the Lincoln county line, at John 
Sims’s, the beginning, including Enoch Burdell and all persons and 
places called for on said boundary except William B. Cundiff and 
Shackelford & Sims. 

District No. 3, bounded as follows, to wit: Beginning at Milton¬ 
ville, on the Pulaski county line ; thence with said county to the Rus¬ 
sell county line ; thence with the Russell county line to the Adair 
county line ; thence with the said county line to Mumford Pelly’s, on 
Green river ; thence up said river to William Sand’s, a corner of dis¬ 
trict No. 1; thence with the line of said district to James Shackel¬ 
ford’s, a corner of districts Nos. 1 and 2 ; thence with the line of dis¬ 
trict No. 2 to Miltonville, the beginning, including W. B. Cundiff and 
all persons called for on said boundary, except those called for on the 
boundaries of districts Nos. 1 and 2. 

State of Kentucky, Casey County , ss: 

I hereby certify that the foregoing is a true and full transcript of 
election precincts Nos. 2 and 3 of the aforesaid county, within the 
State aforesaid. 

Given under my hand this 31st day of October, 1859. 

JOEL SWEENEY, Clerk C . (7. C. 


443 


KENTUCKY CONTESTED ELECTION. 


1 he Commonwealth of Kentucky to the sheriff or any constable of Casey 
county , greeting: 

You are commanded to summon Joel Sweeney, Asa Bryant, George 
W. Bowman, Thomas Watson, R. H. Wilkerson, C. F. Campbell, 
Dr. W. J. Megowan, Henry Davenport, John Earls, T. R. Tucker, 
James Allstott, George Moore, James Brown, Robert Peyton, H. W. 
Thomas, F. W. Wolford, McD. Fogle, Mrs. Harrison Patterson, L. 

B. Harrison, Josiah Campbell, Perry Humphrey, John Durham, F. 
L. Thomas, M. Rhyne, Rebecca Lanehart, S. G. Pelly, William 
Smith, Anderson Rigney, John Pelly, C. R. Coffey, W. C. Myers, 
Charles Tate, W. Tucker, and Richard Swiggett, to appear before me 
at the court-house, in Liberty, on the 31st day of October, 1859, to 
testify in the matter of the contested election between James S. Chris- 
man and William C. Anderson, the former of whom is contestant; 
and this they shall in nowise omit, under the penalty of the law. 

Given under my hand, as presiding judge of the Casey county court, 
this 17th day of October, 1859. 

WINSTON BOWMAN, P. J. C. C. 

Executed on R. H. Wilkerson, Winston Bowman, McDowell Fogle, 

C. R. Coffey, Joel Sweeney, H. W. Thomas, F. L. Wolford, John 
Earls, C. P. Tate, R. Peyton, W. C. Myers, James Brown, Thomas 
Watson, Anderson Rigney, Dr. William J. Megowan, Henry Daven¬ 
port, Harrison Patterson, John Durham, James Allstott, George W. 
Moore, R. Tucker, John Pelly, Hezekiah Lanehart, Norman Tucker, 
L. B. Harrison, Josiah Campbell, James Swiggett, jr., this 31st day 
of October, 1859. 


ASA BRYANT, C. C. C . 


Copy of poll-book for district No. 4 , Casey county , Kentucky , August election , 1850 . 


KENTUCKY CONTESTED ELECTION. 


447 


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448 


KENTUCKY CONTESTED ELECTION. 


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KENTUCKY CONTESTED ELECTION, 


449 















































































































































Cojoy of poll-booJc for district No. 4, Casey county, Ky .--Continued. 


450 


KENTUCKY CONTESTED ELECTION. 


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Test: GEORGE W. EARLES, Clerk. 

Casey County Court, Jane term, 1859: 

Ordered , That John Witherington and Wm. C. Myers be, and they are, appointed judges of election for precinct No. 4; Jas. Wilherineton, sheriff; and Geo. W. Earles, clerk of same. 

Test: JOEL SWEENEY, Clerk Casey County Court . 















































































































































KENTUCKY CONTESTED ELECTION. 


451 


State of Kentucky, Casey County, ss : 

I, Joel Sweeney, clerk of the county court for the county aforesaid, 
do certify that the preceding five pages of writing is a true and full 
and complete copy of the poll-book for election precinct No. 4 of said 
county ; the vote given to William G. Anderson and James S. Chris- 
man, candidates for Congress in the fourth congressional district in 
the aforesaid State at the August election, 1859 ; also as well as those 
given for other candidates ; taken from the original on file in my 
office, together with a copy of the order of the Casey county court 
appointing the officers of election. 

Given under my hand this 13th day of October, 1859. 

JOEL SWEENEY, 

Clerk of Casey County Court. 

Dr. 0. Portman states that he is acquainted with Thomas Lum- 
phries, who voted at the Tate district in 1859, at the August election ; 
that he lived in the neighborhood where Thomas Lumphries was 
born ; affiant had a son born in January, 1838, and Lumphries in 
June 3, 1838; that he was, at the time he voted, over twenty-one 
years of age ; that, in addition tt> these facts, the father of Lumphries 
told witness he was of that age ; I know also from my books that he 
is of that age ; I am a practicing physician ; that Lumphries came to 
affiant to know his age, and affiant told him he was twenty-one 
years of age. 

0. PORTMAN. 


October 31, 1859. 


452 


KENTUCKY CONTESTED ELECTION. 


William C. Anderson : 

Sir: Yon are notified I will appear before the House of Representa¬ 
tives of the Congress of the United States, at their next session, and 
lontest your right to a seat as a member of that body for and during 
ihe 36th Congress of the United States for the fourth congressional 
district of the State of Kentucky, claiming that at the election held 
in said fourth congressional district, for the State of Kentucky, on the 
1st day of August, 1859, for member of Congress to represent said 
district for and during the 36th Congress of the United States, I was 
duly and lawfully elected, by the legal vote of the people qualified to 
vote, to said office. Your right will be contested on the following 
grounds: 

1. A majority of the votes polled at said election between us were 
for me, and against you. By a mistake made by the county board for 
examining poll-books for the county of Cumberland in said district, 
they certified to the State board a smaller number of votes for me than 
1 actually got, and a larger number of votes for you than you actually 
got at said election in said county of Cumberland; and although in 
due and proper time this mistake was corrected by an amended and 
supplemental certificate and return gf the county board, duly trans¬ 
mitted to the State board, the latter in their canvass and estimate of 
the votes of said district, in said election, had no regard to the said 
amended certificate, and improperly and unlawfully disregarded the 
same, when, if it had been regarded, my majority would have been 
seven votes, according to the face of the poll-books as they stand. 

2. I received a majority of the legal votes polled at said election 
between us in said congressional district. 

3. Divers votes were by fraud or mistake of the officers of the 
election recorded on the poll-books for you , when such votes had been 
actually cast for me. 

4. Divers voters, who came to the polls at divers voting places in 
the district, being good voters, legally qualified and entitled to vote, 
desiring and offering to vote for me, were improperly and unlawfully 
denied by the officers of the election the right of voting, and rejected 
and unlawfully prevented from voting, when they would have voted 
for me. 

5. Divers persons not qualified by law, some by reason of not having 
resided sixty days in their voting precinct next before the election, 
one year in the county, or two years in the State; others by reason 
of not being free white male citizens over twenty-one years old, as 
required by the constitution and laws of Kentucky, at the various 
voting places in the district, and at each voting place in said district, 
were unlawfully permitted to vote for you against me in said election. 

6. Divers persons were unlawfully permitted to vote tioice for you 
at the same election. Persons who voted for me were, by fraud or 
mistake, recorded for both of us. 

7. Persons were unlawfully permitted to vote for you who were 
disfranchised and deprived of the right of suffrage by reason of having 
been convicted of high crimes and misdemeanors. 


KENTUCKY CONTESTED ELECTION. 453 

8. Persons who were not citizens of the United States were unlaw¬ 
fully permitted to vote for you against me in said election. 

9. Certain poll*books of said election, and particularly the poll- 
hook of district No. 1, in the county of Boyle, have been fraudulently 
altered, mutilated and changed since the election, and since they were 
certified and delivered by the officers of the election, and prior to the 
issuing of the certificate to you by the State board, whereby your vote 
was apparently increased, and mine diminished. 

10. Legal voters voted for me at said election, and after their votes 
had been recorded for me their names and votes were unlawfully 
and improperly stricken from the poll-book. 

11. All the votes recorded for me at the various voting places in 
said district at said election were legal and qualified voters, and their 
vote for me rightly recorded. 

12. 1 object to, challenge, and insist upon striking off the following 
named persons, whose names are recorded on the poll-books of the 
various voting places in said district at said election, and for the reasons 
assigned next to the names of each, to wit: 

Ivory Thompson—Because he did not reside in the State, county, 
or precinct in which he voted for the time required by law. 

C. Timmy, jr.—Because he is a foreigner by birth, and not a citizen 
of the United States, not having been naturalized. 

Enoch Phelps—Because he was not a resident of the precinct in 
which he voted at the time he cast his vote. 

Abraham Mounce—Because he was not twenty-one years of age at 
the time he voted. 

Joseph Wallen, jr.—Because he was not twenty-one years of age 
at the time he voted. 

W. M. Adams—Because he did not reside in the county or precinct 
at which he voted when his vote was cast. 

William Gibson—Because he did not reside in the State, county, 
or precinct in which he voted for the time required by law. 

W. F. alias Frank Patterson—Because of the same reasons as 
above last stated. 

E. McNair—Because of the same reasons as last above stated. 

Richard Burnett—Because of the same reasons as last above stated. 

William Mounce—Because of the same reasons as last above stated. 

Peter Waddle—Because he was not twenty-one years old at the 
time he voted. 

Randolph Meridith—Because he was not a resident of the State, 
county, or precinct in which he voted for the time required by law. 

A. L. McGee—Because of the same reasons as last above stated. 

R. Phelps—Because of the same reasons as last above stated. 

Tyre Turpen—Because of the same reasons as last above stated. 

A. E. Massey—Because he was not twenty-one years of age at the 
time he voted. 

James Massy—Because of the same reason as last above stated. 

William Davis—Because ho was not a resident of the State, county, 
or precinct in which he voted for the time required by law. 

John Fenston—Because of the same reasons last above stated. 

Benjamin F. Taylor—Because of the same reasons last above stated. 


454 


KENTUCKY CONTESTED ELECTION. 


Bales Baugli—Because he was not twenty-one years old at the time 
he voted. 

Nelson Davis—Because he was not a resident or citizen of the Sta e, 
county, or district in which he voted for the period of time required 
by law. 

James Lowe—Because he was not twenty-one years of age si the 
time he voted. 

David Lowe—Because of the same reason as last above stated. 

William Massengal—Because he was not twenty-one years of age 
at the time he voted. 

William Crabtree—Because he was not a resident of the State, 
county, or precinct in which he voted for the time required by law. 

Shadrack Blevins—Because he was not a resident of the State, 
county, or precinct in which he voted for the time required by law. 

Joseph Roberts—Because he was not twenty-one years of age at the 
time he voted. 

Isaac Harden—Because he was not a resident of the State, county, 
or precinct at which he voted for the period of time required by law. 

Elijah Spradlen—Because of the reasons last above stated. 

Harden Stevens—Because he was not twenty-one years of age at 
the time he voted. 

George Sumpter—Because he was not a resident of the State, 
county, or precinct in which he voted for the period of time required 
by law. 

John Horton—Because of the same reasons last above stated. 

Carey Abner—Because of the same reasons last above stated. 

Bartholomew Lawson—Because of the same reasons last above 
stated. 

James Lawson—Because of the same reasons last above stated. 

John Rollens—Because he was not twenty-one years of age at the 
time he voted. 

J. H. D. Floyd—Because of the same reason last above stated. 

Simeon Marcum—Because he did not reside in the State, county, 
or district in which he voted for the time required by law. 

P. H. Clark—Because he is not a free white man, is of mixed 
blood, being at least one-fourth of African or negro blood. 

S. W. Hunter—Because he was not a resident of the State, county, 
or district in which he voted for the period of time required by law. 

Lewis Gwinn—Because of the same reasons last above stated. 

George Westmoreland—Because of the same reasons last above 
stated. 

John Westmoreland—Because of the same reasons last above stated. 

Anderson Maynard—Because of the same reasons last above named. 

James C. Hancock—Because of the same reasons last above stated. 

Joseph C. Pace—Because of the same reasons last above stated. 

Thomas Rhodesmend—Because of the same reasons last above 
named. 

John Hardeson—Because he was not twenty-one years of age at 
the time he voted. 

Thomas A. Vaughn—Because he was convicted, sentenced to, and 
confined in the Kentucky penitentiary for larceny, by the judgment 


KENTUCKY CONTESTED ELECTION. 455 

of the circuit court of Cumberland county in 1856, and thereby dis¬ 
franchised. 

Joseph Brummett—Because he was not 21 years of age when he 
voted. 

James M. Cloyd—Because he was not a resident of the State, 
county, or precinct in which he voted for the time required by law. 

James Brummett—Because of the reasons last above stated. 

G. F. Dowell—Because he was not 21 years of age, and not a res¬ 
ident of the State, county, or precinct in which he voted for the 
period of time required by law. 

J. M. Glidewell—Because he was not a resident of the State, 
county, or precinct in which he voted for the time required by law. 

Burton Smith—Because of the same reasons last above stated. 

William Sevier—Because he was not 21 years old when he voted. 

Thomas Roy—Because he was not 21 years old when he voted. 

William Wright—Because he was not a resident of the county or 
district in which he voted. 

Jesse Dulley—Because he lives, and at the time he voted did live, 
in Barren county, not in the district ; and because he voted both in 
the Elliott precinct, in Cumberland, and at “ Harmony/’ in Adair. 

Wiley Summers—Because he was not 21 years of age at the time 
he voted. 

James B. Elder—Because he was uot a resident of the State, county, 
or precinct in which he voted for the time required by law. 

William Bacon—Because of the same reasons last above stated. 

R. W. Stevenson—Because of the same reasons last above stated. 

George Beddow—Because of the same reasons last above stated. 

Samuel D. Barnet—Because of the same reasons last above stated. 

James Patton—Because of the same reasons last above stated. 

Joseph McNull—Because of the same reasons last above stated. 

James Bless—Because of the same reasons last above stated. 

Alexander Martin—Because of the same reasons last above stated. 

Pink Grady—Because he was not 21 years of age at the time he 
voted. 

B. F. White—Because of the same reason last above stated. 

Isaac Graham—Because he was not a resident of the State, county, 
or district in which he voted for the period of time required by law. 

R. Mary—Because of the same reasons last above stated. 

Charles King—Because of the same reasons last above stated. 

William Tuggle—Because of the same reasons last above stated. 

H. L. Carpenter—Because of the same reasons last above stated. 

A. J. Reynolds—Because of the same reasons last above named. 

Joseph Williams—Because of the same reasons last abovt named. 

A. F. Merriman—Because of the same reasons last above named. 

G. W. Nelson—Because of the same reasons last above named. 

J. H. Crunch—Because of the same reasons last above named, and 
because he was convicted, sentenced, and confined in the penitentiary 
of Tennessee for felony, and thereby disfranchised. 

James W. Banks—Because he was not a citizen of the State, 
county, or precinct in which he voted for the time required by law. 


45 G 


KENTUCKY CONTESTED ELECTION. 


James Nell—Because lie was not a resident of the State, county, or 
precinct in which he voted for the time required by law. 

James P. Wright—Because of the same reasons last above named. 

A. B. Cox—Because of a lotal absence of every qualification re¬ 
quired by law. 

William S. Matthews—Because he was not a resident of the county 
or precinct at which he voted for the time required by law. 

Francis Wright—Because he was not twenty-one years of age when 
he voted. 

William Rakes—Because he was not a resident of the State, county, 
or precinct in which he voted for the time required by law. 

William T. Martin—Because of the same reasons last above stated. 

Robert Buchanan—Because of the same reasons last above stated. 

John Griffin—Because of the same reasons last above stated. 

Elisha Berry—Because of the same reasons last above stated. 

W. A. Wood—Because of the same reasons last above stated. 

Preston Satterfield—Because he was not 21 years of age at the time 
he voted. 

Stephen Wilson—Because of the same reason last above stated. 

Jesse Wright—Because he was not a resident of the State, county, 
or precinct in which he voted for the period of time required by law. 

William Collins—Because of the same reasons last above named. 

Nathan Lawliorn—Because he was convicted, sentenced, and con¬ 
fined in the Kentucky penitentiary for felony, and thereby disfran¬ 
chised. 

G. M. Brown—Because he was not 21 years of age when he voted. 

T. W. Lukins alias Lumpkins—Because of the same reasons last 
above assigned. 

T. R. Tucker—Because he was not a resident of the State, county, 
or precinct in which he voted for the time required by law. 

V. P. Moore—This voter voted for me, but by mistake of the clerk 
his vote was recorded for both of us. I shall claim that his vote be 
counted for me, and erased from your poll. 

The following persons voted for me, and their votes so cried by the 
sheriff, but the clerk omitted to record them for me: 

William Davis, Jackson D. Richardson, William R. Cumbass. I 
shall claim that their names be added to the list of persons voting for 
me. 

Wiley Turner—I shall also claim that the vote of Wiley Turner be 
added to the list of those voting for me, because, after he had so voted, 
the judges and clerk of the district at which he voted, erased his 
name and vote without just reason, he being a legal voter. 

Anderson Hare—I shall also claim that the vote of Anderson Hare 
be counted for me, he having offered and demanded to vote for me, 
but was refused by the judges without good reason, he being a legal 
voter. 

I shall also object to, challenge, and insist upon striking off the 
votes of the following other persons whose names are recorded on 
the poll-books of the various precincts in said district at said election, 
and for the reasons assigned next to the names of each to wit: 


KENTUCKY CONTESTED ELECTION. 457 

John Surcy—Because he did not reside in the State, county, or pre¬ 
cinct in which he voted for the time required by law. 

William Beasley—Because he did not reside in the State, county, 
or precinct in which he voted for the time required by law. 

George Tate—Because of the same reasons last above stated. 

Benj. Bruner—Because of the same reasons last above stated. 

George N. McNeil—Because of the same reasons last above stated. 

C. C. McClure—Because of the same reasons last above stated. 

James T. Haley—Because of the same reasons last above named. 

E. Preston—Because of the same reasons last above named. 

Zachariah Price—Because of the same reasons last above named, 
and because he was not 21 years of age when he voted. 

Edward Jones—Because he is an idiot and incapable of voting. 

George D. Masonheimer—Because he did not reside in the county 
or precinct in which he voted for the time required by law. 

Lee Yager—Because of the same reason last above named. 

I shall also claim and insist that the votes of the following named 
persons, who are recorded as having voted for you, be counted forme , 
and added to my poll, because in fact they voted for me, and by mis¬ 
take of the clerk or otherwise they are made on the poll-books to 
vote for you, viz: 

Nelson Pendergaft, Nat Harmon, Geo. W. Crane, George Jones, 
Samuel Leffew. 

I shall also object to and insist upon rejecting the poll-books, and 
all the votes recorded at the Ireland precinct, in the county of Taylor, 
because the officers of said election, who conducted and held the same, 
nor either of them, were sworn according to law, nor was the said 
poll-book certified by the officers, as required by law. 

I shall also object to and insist upon rejecting the poll-book, and 
all the votes given at the 7th district, in the county of Wayne, for the 
same reasons as last above assigned. 

JAMES S. CHRISMAN. 

Danville, September 19, 1859. 

State of Kentucky, to wit: 

The undersigned, Wm. R. Taylor, states that he delivered to Wil¬ 
liam C. Anderson, the person to whom the within and foregoing no¬ 
tice is addressed, a true copy of the said notice on the 20th day of 
September, 1859. 

W. R. TAYLOR, M. T. D. 

Sworn to by the above named subscriber before me, clerk of the 
Bovle county court, this 20th of September, 1859. 

JAS. F. ZIMMERMAN, C. B. G . C. 


James S. Chrisman: 

Sir : I have received a paper from you, purporting to be a notice 
contesting my right to a seat in the 36th Congress of the United 
States from the fourth district of Kentucky. You are notified that I 



458 


KENTUCKY CONTESTED ELECTION. 


shall object to the said notice, and ask for its quashal upon the fol¬ 
lowing grounds: 

First. It does not give the residence of the voter who is challenged. 

Second. It does not give the county or precinct in which the vote 
was cast. 

Third. It does not state particularly the grounds upon which you 
rest the contest, as required by the act of Congress. 

In response to paragraph No. 1 in your pretended notice, I deny 
that the majority of the votes polled at the August election, 1859, 
were given for you. 

I deny that, by a mistake made by the county hoard of Cumberland 
county, you received a smaller number of votes than were really cast for 
you, and I a larger number than were cast for me. I state the facts to be 
as follows: The poll-hooks of Cumberland county were certified, (al¬ 
though some of them illegally, of which I shall speak hereafter,) 
sealed, and delivered, as required by the law entitled “ election,” 
.Revised Statutes of the State of Kentucky, pages 283 to 303, inclusive. 
The said poll-hooks were opened at the time required by law, and by 
the proper officers, and certificates of the votes cast were duly trans¬ 
mitted to the State board at Frankfort, and upon a comparison of the 
vote sent the said State board, upon all the returns sent in, according 
to law, at the proper time awarded me the certificate of election. 
Before the said certificate was granted the result was published in 
the public newspapers, by which I received a majority of three votes ; 
and so soon as said publications were made, it was pretended that a 
mistake of ten votes had been made against you at the Kettle Creek 
precinct, in Cumberland county. It is true that an amended certifi¬ 
cate, signed by only two of the examiners for Cumberland county, 
was sent to the State hoard at Frankfort, and they refused to receive 
the same, upon the ground that the county board had no right to 
reassemble after the time fixed by law, and amend a certificate once 
transmitted and made out at the proper time. They were, to all intents 
and purposes, functus officio. Before, however, the amended return 
was sent from Cumberland county, a mistake to my prejudice of four 
votes was discovered on the poll-hooks of Boyle county, and an 
amended return stating this fact was transmitted by the county board 
of Boyle to the State hoard at Frankfort, and when this fact was made 
public in the district that such an amended return had been sent, nearly 
every democrat in the community, and yourself included, stated that 
it would be a gross outrage for the State board to receive additional 
returns after the official vote had once been sent in. It was then 
supposed that the vote between us was a tie, and by the laws of Ken¬ 
tucky in such cases the casting of lots was required, and your 
chances for an election would have been equal with my own. When 
you and your friends, however, heard of this pretended mistake in 
Cumberland county, you shifted positions and contended that the 
hoard ought to receive amended returns. “ The case being altered, 
altered the case.” I contend that the State hoard at Frankfort acted 
lawfully and properly, and I refer you to their published statement, 
signed by the governor, secretary of state, and attorney general 
of Kentucky. I do not know and I do not admit that the mistake that 


KENTUCKY CONTESTED ELECTION. 


459 


you complain of occurred. It may be true, according to the books as 
they now stand, that such a mistake was made, but it is exceedingly 
strange that the mistake was not discovered for nearly two weeks 
after the comparison of the polls, and that comparison, tpo, made in 
the presence of a number of your friends, who aided in the addition 
of the hooks, and also after it was ascertained from the returns sent 
in that I was elected by a majority of three votes. If, however, the 
mistake really did occur, I notify j T ou that mistakes of a similar 
character, and others of a different, character, were made against me, 
of which I will speak more particularly hereafter. I deny the charges 
made in paragraph No. 1 of your pretended notice. 

I deny the charges in paragraphs 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 
12 of your said notice. 

I deny that the persons you have named as having voted for me 
were illegal voters, as I will make fully to appear by the proof in 
proper time. 

I shall, upon the trial of the contest, challenge and insist upon 
striking off the votes of the following named persons, recorded on the 
poll-books at various precincts in the district, and for the reasons set 
forth next to the name of each. 

1. Henry M. Antle or Antell—who voted in White Oak district, in 
Adair county, because he lived in the county of Russell. 

2. R. M. Barnard—who voted at the same district, in the same 
county, because he had not been in the State, county, or precinct for 
the time required by law. 

3. George Simpson—who voted in the same district, in the same 
county, for the same reasons as above. 

4. Ben. F. Allan—who voted at the Neatsville district, in Adair 
county, because he was a resident of and lived in the White Oak 
district. 

5. Milton Polly—who voted at White Oak precinct, in Adair county, 
because he lived in the Harmony district. 

6. Elijah Leach—who voted at the same district, in the same county, 
because lie was not a resident of said precinct for the time required 
by law. 

7. James B. Royse—who voted at the Columbia precinct, in Adair 
county, because he lived at the time at Haysville, in Marion county. 

8. Wm. P. Royse—who voted at the same district, in the same 
county, for the same reason as above. 

9. James Rayner—who voted at the Gradyville precinct, in same 
county, because he was not a resident of said precinct. 

10. Wm. Woodard—who voted at the same district, in the same 
county, because he was not a resident of the county or precinct in 
which he voted for the time required by law. 

11. George Green—who voted at the Harmony district, in same 
county, because he was not twenty-one years of age. 

12. James Jones—who voted at Neatsville district, in same county, 
for the same reason as above. 

13. Jonathan McElroy—who voted at the Harmony district, in same 
county, because he was not a resident of the county or precinct in which 
he voted for the time required by law. 


460 


KENTUCKY CONTESTED ELECTION. 


14. George D. Redmon—who voted at the White Oak district, in 
same county, because he was not twenty-one years of age.. 

15. William alias Peter Walkup—who voted at White Oak dis¬ 
trict, in Adair county, because he was not a resident of said district 
for the time required by law, and in fact was a resident of the 
Harmony district, in same county. 

16. J. N. Vaughn—who voted at the same place, in same county, 
for the reason as above. 

17. Samuel Vier—who voted at Columbia district, in same county, 
because he was not a resident of the State, county, or precinct in which 
he voted for the time required by law. 

18. William Vier—who voted at the same place as above, and for 
the same reason. 

19. Joshua Prewett—who voted at the White Oak district, in 
Adair county, because he was a resident of Neatsville district, and 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

20. Irvine Keaton—who voted at the Harmony district, in Adair 
county, because he was not a resident of the county or district in 
which lie voted for the time required by law ; in fact, he was a resi¬ 
dent of the county of Cumberland. 

21. Nathaniel Wade—who voted at Gradyville district, in same 
county, because he was not twenty-one years of age. 

22. William J. Cooley—who voted at the Neatsville district, in 
same county, because he was not a resident of said district for the 
time required by law. 

23. William P>ryant—who voted at the same place as above, and 
because of the same reason as above. 

24. Morgan Simpson alias R. W. Simpson—who voted at Neats¬ 
ville, in same county, because he was not twenty-one years of age. 

1. Nicholas Walter or Walters—who voted at district No. 3, in 
Boyle county, because he was not a resident of the county or precinct 
in which he voted for the time required by law. 

2. A. G. Talbot, jr.—who voted at precinct No. 4, in same county, 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

3. Chas. Voss—who voted at the same district, in same county, for 
the same reason as last above stated. 

4. William Crow—who voted at district No. 3, Boyle county, for 
the same reason as last above named. 

5. C. P. Springer—who voted at district No. 3, in Boyle county, 
because he was not a resident of the county or precinct in which he 
voted, and for the time required by law. 

6. A. Fulkerson, jr.—who voted in district No. 2, in Boyle county, 
because of the same reason as last above named. 

7. James Owens—who voted at district No. 3, in Boyle county, 
because of the same reason as last above named. 

8. Garrett Lane—who voted at district No. 3, in Boyle county, 
because of the same reason as last above named. 

9. Henry White—who voted at district No. 3, in Boyle county, 
because of the same reason as last above named. 


KENTUCKY CONTESTED ELECTION. 


461 


10. Abel Reeves—who voted at precinct No. 3, in Boyle county, 
because of the same reason as last above named. 

11. Samuel Goode—who voted at district No. 1, of Boyle county, 
because of the same reason as last above named. 

12. James Brennan—who voted in district No. 1, of Boyle county, 
because he is a foreigner, and not a citizen of the United States. 

13. John Ilaggin—who voted at district No. 2, of Boyle county, 
because of the same reasons as last above named. 

14. William Staley—who voted at same place, because of same 
reason as last above named. 

15. Michael Maho—who voted at same place, and because of same 
reasons as last above named. 

16. Patrick Conley—who voted at same place, and because of same 
reason as last above named. 

IT. Frank O’Neil—who voted at district No. 4, of Boyle county, 
and because of same reason as last above named. 

18. James Fitzsimmons—who voted at same place, because of same 
reason as last above named. 

19. Henson Gee—who voted in district No. 1, in Boyle county, 
because he is an idiot. 

1. James F. Alstott alias Fletcher Alstott—who voted at Rolling 
Fork precinct, in Casey county, because he was not twenty-one years 
of age. 

2. Michael McCarty—who voted at same place as last above named, 
because he was a foreigner, and not a citizen of the United States. 

3. Isaac Roaten—who voted at Liberty precinct, in Casey county, 
because he was not a resident of the State, county, or precinct in which 
he voted for the time required by law. 

4. James Wilson—who voted at Liberty precinct, in Casey county, 
because of the same reason as last above named. 

5. J. E. King—who voted at the Jenkins district, in Casey county 
because he was not twenty-one years of age. 

6. J. H. Bryant—who voted at the Rolling Fork precinct, in Casey 
county, because he was indicted, sentenced, and convicted to the peni¬ 
tentiary from said county for felony, and served his time out in the 
penitentiary, and was thereby legally disfranchised. 

T. Martin B. Blevins—who voted at the Tates district, in Casey 
county, because lie was not a resident of said district for the time 
✓ required by law. He was, in fact, a resident of the Jenkins dis¬ 
trict. 

8. Commodore Minor—who voted at Rolling Fork precinct, in 
Casey county, because he had before the election removed to Marion 
county, and was not a resident of the county in which he voted. 

1. Thomas Stockton—who voted in district No. 4, Clinton county, 
because he was not a resident in the State, county, or precinct in 
which he voted for the time required by law. 

2. James Johnson, jr.—who voted in district No. 1, of Clinton 
county, because he resided in district No. 4, of said county. 

3. John Semans—who voted in district No. 3, of Clinton county, 
because he was under twenty-one years of age. 


4G2 


KENTUCKY CONTESTED ELECTION. 


4. John Hughes—who voted at district No. 2, of Clinton county, 
because of the same reason as last above named. 

5. Elijah Brown—who voted in district No. 5, of same county, and 
for the same reason as last above named. 

6. John Guthrie—who voted in district No. 1, of Clinton county, 
because he lived at the time in district No. 3, of said county. 

7. S. J. Vance—who voted in district No. 5, in Clinton county, 
because he lived at the time in district No. 4, of said county. 

8. Joshua Birdwell—who voted in district No. 2, of Clinton county, 
because he lived in district No. 1, of said county. 

9. George Wilkerson—who voted in district No. 2, of Clinton county, 
because he was a foreigner and not a citizen of the United States. 

10. Jno. Travis—who voted at same place as last above named, 
and because of same reasons. 

11. David Gwinn—who voted at the Albany district, of Clinton 
«ounty, because he lived at the time in the Hays district, of said 

county. 

12. James Hail—who voted in district No. 3, of Clinton county, 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

13. Calvin Givens—who voted at the Albany district, in Clinton 
county, because he is non compos mentis , in other words, an idiot. 

14. Frederick Greir—who voted at the Piney Woods district, in 
Clinton county, because he is a foreigner and not a citizen of the 
United States. 

1. Samuel Sparks—who voted at Burksville precinct, in Cumber¬ 
land county, because he was not a resident of* the State, county, or 
precinct in which he voted for the time required by law. 

2. James H Bird—who voted at same place, and for the same 
reasons as last above named. 

3. Henry Smith—who voted at same place, and for same reasons as 
last above named. 

4. John Niel—who voted at same place, and for same reasons as 
last above named. 

5. Ben. Farmer—who voted at same place,, and for same reasons as 
last above named. 

6. G. J. Furkin—who voted at same place, and for same reasons 
last above named, and because he lived at the time in the Elliott dis¬ 
trict of said county. 

7. Jno. Wright—who voted at same place, and because he was not 
a resident of the State, couniy, or precinct in which he voted for the 
time required by law. 

8. J. W. Poulson—who voted at Kettle Creek precinct, in Cum¬ 
berland county, because of the same reasons as last above named. 

9. Jacob Dalworth—who voted at same place, and for same reasons 
as last above named. 

10. A. J. Wilkerson—who voted at Whetstone district, in Cumber¬ 
land county, because he resided at the time in Adair county. 

11. John Cooksey—who voted at same place, because he resided at 
the time in Clinton county. 

12. John Johnson—who voted at the Kettle Creek precinct, in 
Cumberland county, because he was not 21 years of age. 


KENTUCKY CONTESTED ELECTION. 


463 


13. Henry Givens—who voted at the Whetstone precinct, in Cum¬ 
berland county, because he had not been a resident of the State, 
county, or precinct in which he voted for the time required by law. 

14. James Smith—who voted at the Kettle Creek precinct, in Cum¬ 
berland county, because he had not been in the State or county the 
time required by law, and because he was at the time a resident of 
Tennessee. 

15. Alfred Scott—who voted at same place, and for same reasons 
as last above named. 

16. John Powell—who voted at the Elliott district, in same county, 
because he was not a resident of the State, county, or district in which 
he voted for the time required by law. 

IT. Humphrey Krider, or Crider—who voted at the Elliott district, 
in Cumberland county, because he was not 21 years of age. 

1. Sara. Powell—who voted at Stanford, in Lincoln county, because 
he was not a resident of the State, county, or precinct in which he 
voted for the time required by law. 

2. John Severance, jr.—who voted at Crab Orchard precinct, in 
Lincoln county, because be was not at the time a resident of the county 
or precinct in which he voted. 

3. Stephen Blankenship—who voted at the same place as last above 
named, because he was at the time a resident of Walnut Flat district. 

4. J. Waterhouse—who voted at same place as last above named, 
because he had not been a resident of the State, county, or precinct 
in which he voted for the time required by law. 

5. G. Payne—who voted at Crab Orchard precinct, in Lincoln 
county, because of the same reasons as last above named. 

6. Wiley Davis—who voted at the same place, because of the same 
reasons above last named. 

7. Stout Higgins—who voted at the Walnut Flat precinct, in Lin¬ 
coln county, because he had lost his citizenship in said district, and 
because he had not been in the State, county, or district in which he 
voted for the time required by law. 

8. William Lyton—who voted at Waynesburg, in Lincoln county, 
because he was not a resident of the State, county, or precinct in which 
he voted for the time required by law. 

9. James Stout—who voted at the same place, and because of the 

same reasons as last above named, * 

10. Zach. Cash—who voted at the same place, and because of the 
same reasons as last above named. 

11 Levi Cotten—who voted at Turnersville precinct, in Lincoln 
county, because he was not a resident of said precinct, and because at 
the time he actually lived in Casey county. 

12. Cornelius Campbell—who voted at Hustonville, in Lincoln 
county, because he was a foreigner and not a citizen of the United 
States, and not a resident of the State, county, or precinct in which 
he voted for the time required by law. 

13. John Shenan or Shenandow—who voted at the same precinct 
as last above named, and because he was not 21 years of age. 

14. Charles McWilliams—who voted at the same precinct as last 


464 


KENTUCKY CONTESTED ELECTION. 


above named, because be was not a resident of the county or precint in 
which be voted for the time required by law, and because he was at 
the time a resident of Fayette county, Kentucky. 

15. Adam Petree—who voted at the Crab Orchard precinct, in 
Lincoln county, because he was not 21 years of age. 

Jesse Hoythe—who voted at Waynesburg, in Lincoln county, be¬ 
cause he had before the election removed to Rockcastle, and was not 
a resident of the precinct in which he voted. 

1. L. E. Reed—who voted at Creelsborough district, in Russell 
county, because he had not been in the State, county, or precinct the 
time required by law. 

2. James M. Luster—who voted at the same place, because of the 
same reasons as last above named. 

3. Silas alias Cyrus Collins—who voted at same place, and because 
of same reasons as last above named. 

4. Albert McDowell—who voted at precinct No. 1, in Russell 
county, because he was at the time a resident of precinct No. 2, in 
said county. 

5. William Sharp—who voted in Jamestown, Russell county, be¬ 
cause he was not at the time a resident of said precinct. 

6. Elijah Lowe—who voted at the Wolf Creek precinct, in Russell 
county, because he had not been a resident of the State, county, or 
precinct for the time required by law. 

7. Lindsey Brummett—who voted at Lairsville precinct, in Russell, 
because he lived at the time in Clinton county. 

8. James P. Miller—who voted at Creelsboro’, in Russell county, 
because at the time he was a resident of Adair county. The acts of 
the general assembly of the State of Kentucky for 1825 makes the 
house in which said Miller resides in Adair county; pages 40 and 41. 

9. Allen Rytre—who voted at Creelsboro’, in Russell county, be¬ 
cause he was at the time a resident of Clinton county. 

1. William Redding—who voted at Salem precinct, in Taylor county, 
because he had not been a resident of the State, county, or precinct 
the time required by law, and because he refused to be sworn. 

2. William Sullivan, jr.,—who voted at the same place, and for 
the same reasons (first) last above named. 

3. James H. Ratliff—who voted at Little Pinchem district, in Tay¬ 
lor county, because of the same reasons last above named. 

4. Frank Rhodes—who voted at the Newsville district, in Taylor 
county, because he was not twenty-one years of age. 

5. Marian Peterson—who voted at the Campbellsville district, in 
Taylor county, because he was not a resident of the State, county, or 
precinct for the time required by law. 

6. Milton Simpson—who voted at Little Pinchem precinct, in Tay¬ 
lor county, because of the same reasons as last above named. 

7. Henry Sheffner—who voted at same place as last above named, 
because he was not twenty-one years of age. 

I deny that William Davis, and Jackson D. Richardson, and Wil¬ 
liam R. Curabess, voted for you, and were so cried by the sheriff, and 
that the clerk omitted to record them for you; but I state that the 
same were properly recorded. 


KENTUCKY CONTESTED ELECTION. 


465 


I deny that the judges and clerk of election at the district in which 
Wiley Turner voted erased his name and vote without just reasons. 

I deny that the judges without good reasons refused to receive the 
vote of Anderson Hare. 

I deny that upon the poll-hooks the names of N at. Harmon, George 
W. Crane, and Samuel Leffew, are recorded for me; but they voted 
for and are recorded for you. The vote of Nelson Pendergrait is re¬ 
corded for me, and I state that he so voted, and his vote was so re¬ 
corded by the clerk at the time. 

I deny that George Jones voted for you; I state that he voted for 
me at the polls, and was so recorded. 

I deny that the poll-books of the Ireland precinct, in Taylor county, 
are improperly certified; and also deny that the officers of said pre¬ 
cinct were not sworn according to law. 

I also deny that the poll-book of district No. 7, in Wayne county, 
was illegally and improperly certified. 

You are hereby notified that I shall object to, and insist upon re¬ 
jecting, the poll-book and the votes thereon recorded, of the Casey Creek 
precinct, in Casey county, because there is no certificate whatever 
upon said hook. At said precinct the vote stood: Anderson, 49; 
Chrisman, 95. I shall also object to, and insist upon rejecting, the 
poll-book, and the votes thereon recorded, of the Harmony district, in 
Adair county, because the same is not certified according to law. At 
said precinct the vote stood Anderson, 37; Chrisman, 230. 

I shall also object to, and insist upon rejecting, the poll-book and 
votes thereon recorded, of the Whetstone precinct, in Cumberland 
county, because the same was not certified as required by law. I shall 
also object to, and insist upon rejecting, the poll-book and the votes 
thereon recorded, of the Mansville district in Taylor, because the same 
was not certified as required by law. 

I shall also object to, and insist upon rejecting, the poll-books and 
the votes thereon recorded, of all the precincts in Wayne county, be¬ 
cause they were never sealed up and delivered to the clerk as required 
by law ; and if so delivered, were broken open before the time fixed by 
law, and also because the said poll-books were in your possession, and 
inspected by you and your political friends before the day fixed for the 
comparison of the polls. 

I shall object to, and insist upon rejecting, all the poll-books of Tay¬ 
lor county, because the same were not sealed up and delivered accord¬ 
ing to law ; and if so sealed and delivered, the seals were broken and 
the books opened before the day fixed by law for the comparison. 

I shall also object to, and insist upon rejecting, all the poll-books of 
Green county, because the same were not certified, sealed, and deliv¬ 
ered according to law ; and if so certified, sealed, and delivered, the 
seals were broken open on Tuesday (by your democratic friends) next 
after the election, and before the comparison. 

I shall also insist upon counting in my favor the following votes, 
which were cast for me, and were omitted to be recorded by the clerk: 

Richard Pendergraft—who voted at district No. 1, in Boyle county. 

Henson Pendergraft—who voted at the same place. 

II. Mis. Doc. 11—:—30 


466 


KENTUCKY CONTESTED ELECTION. 


David Wells—who voted at the Burksville precinct, in Cumberland 
county. 

Bethel, alias B. Compton—who voted at Gradyville precinct, in 
Adair county. 

A. J. York—who voted at district No. 3, in Clinton county. His 
name is recorded for W. A. Hoskins, a candidate for the State senate, 
instead of for Anderson for Congress. His name being recorded for 
Hoskins and Boles, who were both candidates for the senate. 

I shall also insist upon striking from your poll and adding to my own 
the vote of J. T. Reynolds, who voted in district No. 3, in Boyle 
county. He voted for me, and his vote was, by mistake of the clerk, 
recorded for you. 

James Jones—who voted at Grady ville precinct, in Adair county. He 
voted for me, and his vote, by mistake of the clerk, is recorded for you. 

Cyrus Todd—who voted at the White Oak precinct, in Adair county; 
he voted for me, and his vote, by mistake of the clerk, was recorded for 
you. 

I shall also insist upon striking from your poll the vote of Samuel 
M. Baker, who voted at Columbia, in Adair county. He voted for 
me, and his vote, by mistake of the clerk, was recorded for you and 
me both. 

M. Rhyne, F. L. Thomas, A. Palston, Ben Austin, J. C. Williams, 
J. C. Cundiff, W. L. Baldock, W. J. Jones, Bird Russell, J. Abb- 
shear, all of whom voted at the Tate precinct, in Casey county, and 
their votes are recorded for you and me both, when they all voted for 
me. 

William Curry—who voted at Columbia, in Adair county. He 
voted for me, and his vote, by mistake of the clerk, is recorded for you. 

I shall also insist upon adding to my poll the names of the follow¬ 
ing voters, who were legal voters, and offered to vote, and were im¬ 
properly and illegally rejected by the judges of the election : 

Charles B. Kirkland—who offered to vote at precinct No. 1, Boyle 
county. 

B. W. Moss—who offered to vote in precinct No. 2, in Boyle county. 

Isaac F. Ivees—who offered to vote at Greensburg, in Greene county. 

I shall also insist on excluding the votes of the following named 

persons who were permitted to vote after the time fixed by law for 
closing the polls: 

Frank Dulany—who voted at the Crab Orchard precinct, in Lincoln 
county. 

William Griffin—who voted at same place. 

John Shilton, alias Chilton—who voted at the Jamestown precinct, 
in Russell county. 

I shall also insist upon adding to my poll the votes of the following 
named persons who voted for me, and were so recorded, and their 
votes stricken from the books by the judges of the election after said 
voters had left the polls, and were not recalled, and without their 
consent or approbation : 

Archibald Lindville—who voted at district No. 4, in Clinton county. 

Jesse Lindville—who voted in district No. 1, in Clinton county. 

W. A. Ellis—who voted in district No. 4, same county. 


KENTUCKY CONTESTED ELECTION. 


467 


t I shall insist upon rejecting the 3d page of poll-book of precinct 
No. 5, in Russell county, because the same was not signed by the 
clerk, as required by law. On that page the vote stood: Chrisman, 
18; Anderson, 9. 

I shall also insist on striking from your poll the vote of W. R. 
Bowman, alias William Bowman, who voted in district No. 2, in 
Boyle county, because said Bowman gave no vote in the congressional 
race, and, by mistake of the clerk, his vote has been recorded for you. 

I shall also insist upon striking from your poll the vote of George 
R. Vaught, who voted at the Somerset district, in Pulaski county, 
because the vote of said Vaught was recorded by the clerk for you 
and myself both, when he voted for me. 

I shall also insist upon rejecting the poll-book, and votes thereon 
recorded, of the Bent district, in Pulaski county, because three of the 
officers who held the election in said district were of the same 
politics with yourself, and opposed to me in politics, when, by the 
laws of Kentucky, there should have been an equal division of the 
officers, if they could have been found in the district; and I allege 
that there were enough voters residing in the district who agreed with 
me in politics to have filled said offices. I state that Joseph Randall, 
a judge, Greenup Meece, sheriff, and Willis J. Stogsdill, clerk, of 
said district, are all democrats, and agree with you in politics, and 
held the election at said district; and at the district the vote stood: 
Chrisman, 68 ; Anderson, 2. 

I shall also insist that the vote of Frank Harrison, who voted at 
the Somerset precinct, in Pulaski county, be so changed as to give his 
vote to me alone. By a mistake of the clerk he is put down as hav¬ 
ing voted for me and you both, when he voted for me alone. 

You claim that at the Kettle Creek precinct, in Cumberland county, 
a mistake of ten votes was made to your prejudice. If you receive 
the benefit of such pretended mistake—and I deny that such a mis¬ 
take was made—I shall claim that the whole vote of Kettle Creek 
precinct be rejected, because the vote of said precinct, or a large por¬ 
tion thereof, was recorded by one C. C. Huges, who was not the clerk 
of said election, and had no authority to act as such. 

I also claim that my actual majority from the county of Boyle was 
490 votes, when, according to the returns sent to Frankfort, it was 
only 486, and so counted in the returns. 

In the account sent to Frankfort from Adair county the majority 
against me was 550, when the actual majority was only 549. 

There are other mistakes to my prejudice, as I will show by the 
proof. According to the laws of Kentucky, voting has to be done 
viva voce , and clerks of elections may and actually do make mistakes, 
and many have been made to my prejudice. The democracy regard 
everything fair in politics, and after you had been defeated you ought 
to have submitted. Because frauds have been heretofore perpetrated 
by your party in elections, and men defeated when they were fairly 
elected, is no reason why you should now claim my seat. I therefore 
say you cannot chisel me out of my seat, to which I am fairly and 
honestly elected. 

The treasury at Washington is empty, and will doubtless be if 


468 


KENTUCKY CONTESTED ELECTION. 


Buchanan democracy is continued in power. I am informed, and 
shall insist upon, and expect to prove, that you have said that you 
did not desire to contest my seat, but some of your party forced you 
to do it; and, even if defeated in Congress, you would get the mileage 
and compensation anyhow. 

4. Daniel Sullivan, sr.—who voted at the Greensburg district, 
Greene county, because he was not a resident of the State, county, 
and district the time required by law. 

5. Seldon Renfro—who voted at district No. 5, in Greene county, 
because of the same reasons as last above named. 

6. Thomas Elmore—who voted at district No. 4, in Greene county, 
because he was not 21 years of age. 

1. John Ping—who voted at the Dallas district, in Pulaski county, 
because he had not been a resident of the State, county, or district 
for the time required by law. 

2. William Thompson—who voted at the Dallas district, in Pulaski 
county, because he was not twenty-one years of age. 

3. William Pierce—who voted at the Harrison district, in Pulaski 
county, because he was not twenty-one years of age. 

4. David Sadler—who voted at the Harrison district, in Pulaski 
county, because he was not a resident for the time required by law ; 
in fact, he was a resident of Logan county, Kentucky, at the time of 
said election. 

5. Leroy Whitiss—who voted at the Gaines district, in Pulaski 
county, because he was not twenty-one years of age. 

6. Samuel Garland—who voted at the Point Isabel district, in Pu¬ 
laski county, because he had been indicted, convicted, and sentenced 
to the penitentiary, for felony in Whitley county, and served his time 
out therein, and was thereby by law disfranchised. 

7. Eli Dykes, jr—who voted at the Somerset district, in Pulaski 
county, because he was a resident of the Bent district, Pulaski county, 
at the time of said election. 

8. John L. Logan—who voted at the Harrison district, in Pulaski 
county, because he was not a resident of the State, county, or district 
for the time required by law. 

9. Samuel Thacker—who voted at the Juggernaut district, in Pu¬ 
laski county, because he had been indicted, convicted, and sentenced 
to the penitentiary, and served his time out therein, and was thereby 
disfranchised. 

10. Wesley Neal—who voted at the Buncombe district, in Pulaski 
county, because he was not a resident of the State, county, or district 
for the time required by law. 

11. Norris Williams—who voted at the Bent district, in Pulaski 
county, because he was not a resident of the State, county, or district 
for the time required by law. 

12. Washington Reynolds—who voted at the Bent district, in Pu¬ 
laski county, because of the same reasons as last above stated. 

13. James Parton—who voted at the Harrison district, in Pulaski 
county, because he was not twenty-one years of age. 

14. John Elder—who voted at the same district, for the same rea¬ 
sons above. 


KENTUCKY CONTESTED ELECTION. 


469 


15. Pleasant Jeffries—who voted at the Juggernaut district, in 
Pulaski county, because he was a foreigner, and not a citizen of the 
United States. 

16. Thomas Jenkins—who voted at the same district, and for the 
flame reasons as above. 

17. Henderson Angell—who voted at the same district, because he 
was not a resident of the State, county, or district for the time re¬ 
quired by law. 

18. Patrick Doyle—who voted at the same district, because 1 he was 
not a resident of the State, county, or district for the time required 
by law. 

19. Samuel Hansard—who voted at the same district, because there 
is no such voter living in said district. 

20. John Davis—who voted at the Somerset district, Pulaski county, 
because he was not twenty-one years of age. 

21. William Burton, son of Benjamin Burton—who voted at the 
Gaines district, Pulaski county, because he was not twenty-one years 
of age. 

22. Dunny Lustre, son of Jessie Lustre—who voted at the same 
district, and for the same reason. 

23. J. J. Smiley—who voted at the Grundy district, Pulaski county, 
because he was not a resident of the State, county, or district for the 
time required by law. 

24. Emerson Strunk—who voted at the Texas district, Pulaski 
county, because he was not twenty-one years of age. 

25. Joseph Keith—who voted at the same district, and for the 
same reason. 

26. Daniel Chitwood—who voted at the same district, because he 
was not a resident of the State, county, or district for the time re¬ 
quired by law. 

27. Jonathan Abbott—who voted at the same district, and for the 
same reason. 

28. John Brown—who voted at the same district, and for the same 
reason. 

29. Elijah Burton—who voted at the Gaines district, Pulaski 
county, because he was not twenty-one years of age. 

1. Samuel Chaney—who voted at the district No. 5, in Green 
county, because he was not twenty-one years of age. 

2. Isaac Hartfield—who voted at district No. 4, in said county, be¬ 
cause he was a foreigner, and not a citizen of the United States. 

3. Samuel Bennett, jr—who voted in the same district last named, 
because he was not a resident of the State, county, or precinct for the 
time required by law. 

1. George W. St. Johns—who voted at the district No. 1, Wayne 
county, because he was not a resident of the State, county, or precinct 
for the time required by law. 

2. Williams Boston—who voted at district No. 1, of said county, 
because he was not a resident of the county or district for the time 
required by law. 

3. Charles Mitchell—who voted at the same place, because he has 


470 


KENTUCKY CONTESTED ELECTION. 


not "been a resident of the Stale, county, or district for the time re¬ 
quired by law. 

4. E. B. Jones—who voted at the same district, because he is a for¬ 
eigner, and not a citizen of the United States, nor a resident of the 
State, county, or district the time required by law. 

5. J. J. Shepperd—who voted at the same district, because he was 
not a resident of the State, county, or precinct for the time required 
by law. 

6. Henry Graer—who voted at the same district, because he is a 
foreigner, and not a citizen of the United States. 

7. A. K. Russell—who voted at the same district, because he was 
not a resident of the State, county, or district for the time required 
by law. 

8. James Low—who voted at the same district, because he was 
not a resident of the county or district for the time required by law. 

9. E. F. Wallen—who voted at the same district, because he was 
not a resident of the State, county, or district for the time required 
by law. 

10. Henry Martin—who voted at the same district, because he is a 
foreigner, and not a citizen of the United States. 

11. Andrew Henny—who voted at the same district, because he is 
not twenty-one years of age. 

12. John Chriswell—who voted at the same district, because he was 
not a resident of the county or district for the time required by law ; 
in fact, he is a resident of Clinton county, Kentucky. 

13. G. B. Vaughn—who voted at the same district, because he is 
not a resident of the district. 

14. Shelby Thomas—who voted at the same district, because he is 
not twenty-one years of age. 

15. Charles Orman—who voted at the same district, because he is 
a foreigner, and not a citizen of the United States. 

16. Geo. Smith—who voted at the same district, because he is not 
twenty-one years of age. 

17. Wm. Terry—who voted at the same district, because he was 
not a resident; in fact, he was a resident of Russell county at the time 
of the election. 

18. Geo. Arthur—who voted at the same district, because after he 
bad voted for me, and left the polls, his name was erased from the 
poll-books. 

19. J. McBlack—who voted at the Mill Springs district, Wayne 
county, because there is no such a voter in the district. 

20. Seaburn Crutchfield—who voted at the Mill Springs district, in 
Wayne county, because he was not resident of the county, State, or 
district for the time required by law ; in fact, he is a resident of 
Kansas Territory, and voted, or said he voted, in said Territory; and, 
further, because he is not entitled to vote in Kentucky, or anywhere 
else, he being under twenty-one years of age. 

21. Thos. Rutherford—who voted at the same district, because he 
is not twenty-one years of age. 

22. Marion Stevenson—who voted at the same district, because he 
is not a resident of the county or district for the time required by law. 


KENTUCKY CONTESTED ELECTION. 471 

23. Thos. Mus—who voted at the same district, for the reason last 
above named. 

24. Wm. Scantland—who voted at the same district, because he is 
not twenty-one years of age. 

25. Samuel Pennington—who voted at the same district, because 
he was not a resident of the State, county, or district for the time re¬ 
quired by law. 

26. Jno. Fredricks—who voted at the same district, because he is 
a foreigner, and not a citizen of the United States. 

27. James Daws—who voted at the same district, because he is not 
a resident of the county or district; in fact, he is a resident of Pulaski 
county. 

28. Wm. Dobkins—who voted at the same district, because he was 
not a resident of the State, county, or district for the time required by 
law. 

29. H. P. Jones—who voted at the same district, because he was 
not a resident of the county or district for the time required by law. 

30. S. A. Hutchison—who voted at the same district, because he is 
not twenty-one years of age. 

31. Wm. Weaver—who voted at the same district, because, after he 
had voted, and several other voters had voted after him, he had his 
vote recorded for you, he not having voted for you, when he first cast 
his vote for other democratic candidates for the various offices of the 
State, &c. 

32. Thomas Simpson—who voted in Mill Springs district, because 
he is under twenty-one years of age. 

33. George Payn—who voted at the same district, because he is an 
idiot. 

34. F. M. Marcum—who voted at the same district, because after 
he had recorded his vote for me, and had left the polls, his name was 
erased from the poll-book, so far as his having voted for me. 

35. William Foster, jr.—who voted in Mill Springs district, be¬ 
cause he is under age, and not a resident of t.ie district, as required 
by law. 

36. Alberry Shoat—who voted at the Edwards district, in Wayne 
county, because he was not a resident of the county for the time re¬ 
quired by law. 

37. Emerson Hancock—who voted at the same district, because he 
was i.ot 21 years of age. 

38. Wm. Rule—who voted at the same district, for the same 
reason last stated. 

39. Shelby Denny—who voted at the same district, for the same 
reason last stated. 

40. Wm. Carter—who voted at the same district, because he was 
not a resident of the State, county, or district for the time required 
by law. 

41. Granville Morgan—who voted at the same district, because he 
is not 21 years of age. 

42. C. F. Kidd—who voted at the same district, because he was 
not a resident of the State, county, or precinct for the time required 
by law. 


472 


KENTUCKY CONTESTED ELECTION. 


43. Wm. Sloan, jr.—who voted at the same place, because of the 
reasons above named. 

44. Berry Shoat—who voted at the same place, because of the 
reasons above named. 

45. Andrew Hail—who voted at the South Fork district, in Wayne 
county, because he was not 21 years of age. 

46. Granville Spradlen—who voted at the same place, because he 
was not 21 years of age. 

47. William Breuster—who voted at the same place, because he 
was not a resident for the time required by law. 

48. Peter Phipps—who voted at the same place. He only voted 
for W. A. Hoskins, a candidate for the State senate ; he did not vote 
in the congressional race, and his vote, since the polls were returned, 
has been put down for Chrisman. 

49. Patten Foster—who voted in district No. 7, Dobbsville, be¬ 
cause he was not a resident for the time required by law. 

50. William King—who voted at the same place, because he was 
not 21 years of age. 

51. James Davis—who voted at the same place, and because he 
was not a resident for the time required by law. 

52. Frank Winchester—who voted at the same place, because of 
reasons last above named. 

53. Hiram Troxdall—who voted at the same place, because he was 
not 21 years of age. 

54. Bryant Thurston—who voted at the Mullentown district, 
Wayne county, because he was not 21 years of age. 

55. Granville Shoat—who voted at the same place, because he was 
not a resident for the time required by law. 

56. William Kennedy—who voted at the Sinking district, in 
Wayne county, because he was not a resident for the time required 
by law. 

57. Isaac Mason—who voted at the same place, because he is not a 
legal voter. 

58. Stephen Loveall—who voted at the same place, because he is 
under 21 years of age. 

59. Gideon Loveall—who voted at the same place, because he is 
not a legal voter. 

60. Christopher Jones—who voted at the same place, because he is 
not 21 years of age. 

61. John Henry—who voted at Mullenton, because he was not a 
resident of the county, State, or district the time required by law. 

I have denied the charges in the paragraphs named, and may have 
omitted to speak of some special charges in your pretended notice ; if 
so, I hereby deny them ; but I do admit that Abraham Mounce, 
whose vote you challenged, as I suppose, was not a legal voter ; for, 
if you will examine the poll-books, you will find that the said Mounce 
voted for you, and is so recorded and counted. 

You have also challenged the vote of James Low. The said 
Jimmy voted for you, and is so recorded, and the same is illegal; 
and I therefore admit that, as he voted for you, his vote is illegal. 


KENTUCKY CONTESTED ELECTION. 


473 


I have been persecuted by the leaders of the democratic party, and 
my seat in the Congress of the United States has been contested ; but 
I expect to prove, and will prove, before said Congress that I am 
honestly, fairly, and legally elected to that position ; and I will state, 
that in the discharge of the high duty as the representative from the 
fourth congressional district of Kentucky, I will endeavor to so act as 
to meet with the confidence and respect of my constituents. The war¬ 
worn veteran ; the children of the country ; the widow ; the orphan ; 
shall, as far as my feeble efforts are concerned, be fully rewarded. 

W. C. ANDERSON. 


James S. Chrisman : 

I will, before William Vann, presiding judge of the Clinton county 
court, on the 12th day of December, 1859, at the court-house in 
Albany, take the depositions of G. F. Dowell, J. P. Floyd, J. B. H. 
Floyd, and Garnett Dowell, all of whom reside in Clinton county. 
And I will, before W. M. Green, presiding judge of Russell county 
court, in Jamestown, at the court-house, on the 15th of November, 
1859, take the depositions of Allen Grider, A. Satterfield, S. H. Sat¬ 
terfield, Paul Poulsou, sr., James E. Wilson, and Robert Blakey, all 
of whom reside in Russell county. All of the above depositions to 
be read in the matter of contest between you and myself pending 
before the House of Representatives of the United States. 

W. C. ANDERSON. 

October 24, 1859. 

Executed on James S. Chrisman by delivering him a true copy of 
the notice on October 28, 1859. 


T. BATES, S. W. C. 
By L. P. BAKER, 1). S. 


474 


KENTUCKY CONTESTED ELECTION. 


EVIDENCE NOT TAKEN IN TIME. 

The Commonioealth of Kentucky to the sheriff or any constable of Clin¬ 
ton county: 

You are commanded to summon George Westmoreland, John West¬ 
moreland, and David W alien to appear before me, at the court-house 
in the town of Albany, Clinton county, Kentucky, on Wednesday, 
14th December, 1859, to give their testimony, by way of deposition, to 
be read as evidence in the House of Representatives of the 36th Con¬ 
gress of the United (States of America, on behalf of W. C. Anderson, in 
a matter of contest there pending in which J. S. Chrisman contests 
the seat of said Anderson in said House. Witness my hand this 1st 
day of December, 1859. 

WM. VANN, P. J. C. C. C. 

Executed in full December 14, 1859. 

J. J. DUVAL, C. C. C. 

The Commonwealth of Kentucky to the sheriff , jailer , or any constable of 
Clinton county: 

You are commanded to summon Jeremiah Davis to appear before 
me, at the court-house in Albany, Clinton county, Kentucky, to give 
his deposition to be read as evidence in behalf of W. C. Anderson in 
the House of Representatives of the United States of America, in a 
matter of contest now pending in said Congress, wherein J. S. Chris¬ 
man contests the seat of W. C. Anderson in said Congress. Witness 
my hand this 12th day of December, 1859. 

WM. VANN, P. J. C. C. O. 

Executed in full December 12, 1859. 

J. H. KELSAY, Jailer. 

Albany, Kentucky, November 9, 1859. 

James S. Chrisman, Esq.—Sir : You are notified that on Monday, 
12th December, 1859, at the court-house in the town of Albany, Clin¬ 
ton county, Kentucky, before William Vann, presiding judge of said 
county, I will take the following depositions in addition to those of 
which I have heretofore given you notice, viz : the depositions of S. J. 
Hunter, Robert Neathery, sen., James C. Staten, Jeremiah Davis, 
John W. Marion, John Westmoreland, jr., G. Westmoreland, James 
J. Duvall, Anderson Mainerd, and Ezekiel Hall, to be read and used 
as evidence in my behalf, in a matter of contest now pending before 
the House of Representatives of the United States of America, in 
which you are contestant and I am contestee, when and where you can 
attend and cross-examine if you choose. 

W. C. ANDERSON, 

By H. S. TAYLOR, 

His Attorney. 


KENTUCKY CONTESTED ELECTION. 


475 


Executed by delivering to J. S. 
notice November 9, 1859. 


Chrisman a true copy of the within 
J. J. DUVALL, C. O. C. 


James S. Chrisman, Esq. : 

You are notified that at the court-house in the town of Albany, 
Clinton county, Kentucky, before William Vann, presiding judge of 
the Clinton county court, I shall attend for the purpose of taking the 
depositions of William T. Long, J. P. Lawrence, John Simpson, 
David Walden, John Stockton, Paul Stockton, D. P. Wright, A. H. 
Duval, Simeon Markam, and Jerry Sloan, jr., all of whom reside in 
Clinton county, Kentucky. 

I will also, at the same time and place, and before the same officer, 
take the depositions of David C. Travis, who resides in Fentress 
county, Tennessee, and Joseph Hart, jr., who resides in Wayne county, 
Kentucky ; said depositions to be used as evidence before the House 
of Representatives of the next Congress of the United States in a case 
of contested election, wherein you contest my right to a seat in said 
body as the member from the fourth congressional district of Ken¬ 
tucky. November 15, 1859. 

W. C. ANDERSON. 

Executed on James S. Chrisman by leaving a true copy of this 
notice at his usual place of abode on November 17, 1859. 

F. BATES, S. W. C. 


James S. Chrisman : 

And I will, on the 12th day of December, 1859, at the court-house 
in the town of Albany, Clinton county, Kentucky, before William 
Vann, presiding judge of the Clinton county court, take the deposi¬ 
tions of W. A. Hoskins, Valentine Brown, S. W. Hunter, Frank 
Burdett, G. W. Howard, Perry Duval, J. P. Rickers, Harvey Ryan, 
J. H. Smith, Henry Taylor, Pearson Huff, H. T. Goff, Frank Irvin, 
Luther Hancock, A. J. York, C. L. Holsapple, Charles P. Gray, 
Isaac Boring, # Otho Miller, R. W. Wood, Elijah Koger, John Irvin, 
Archibald Sedwell, Jesse Sedwell, J. Patton, J. S. Chilton, James 
Johnson, R. Woodson, James Gibbons, Allen Smith, Eley C. Smith, 
James Chilton, J. C. Andrews William Koger, M. Koger, William 
Harper, M. Speck, Jane Smith, Martin B. Owens, James Tompkins, 
Joshua Lawhorn, Anderson Maynard, Ele Jones, Robert Wood, Reu¬ 
ben Hurt, Simeon Morcum, W. Ellis, John W. Marion, A. H. Duvall, 
James Beard, and D. P. Wright—all of which witnesses now reside in 
the county of Clinton, State ot Kentucky. 

W. C. ANDERSON. 

The Commonivealth of Kentucky to the sheriff or any constable of Clinton 
county , greeting: 

You are hereby commanded to summon W. A. Hoskins, Valentine 
Brown, S. W. Hinton, Frank Burchett, G. W. Howard, Perry Duval, 
J. P. Rickers, Harvey Ryan, P. H. Smith, Henry Taylor, Pearson 


476 


KENTUCKY CONTESTED ELECTION. 


Huff, II. T. Goff, Frank Irvine, Luther Hancock, B. F. Hancock, A. 
J. York, C. L. Holsapple, Charles P. Gray, Isaac Boring, Otho Mil¬ 
ler, R. W. Wood, Elijah Roger, John Irvin, Archibald Sidwell, Jesse 
Sidwell, J. Patton, J. L. Chilton, Janies Johnson, R. Woodson, 
James Gibbons, Allen Smith, Ely C. Smith, James Chilton, J. C. 
Andrews, William Roger, M. Roger, William Harper, M. Speck, 
Jane Smith, Martin B. Owens, Joseph Tompkins, Joshua Lawhorn, 
Anderson Maynard, Eli Jones, Robert Wood, Reuben Hurt, Simeon 
Marcum, W. A. Ellis, John W. Marion, A. H. Duvall, James Beard, 
D. P. Wright, and G. A. Dowell, to appear before me at the court¬ 
house in Albany, Clinton county, Rentucky, on the 12th day of De¬ 
cember, 1859, to give their depositions in the matter of contest pending 
before the House of Representatives of the United States, between 
James S. Chrisman and William C. Anderson, the former of whom 
is contestant and the latter contestee ; and this they shall in nowise 
omit under the penalty of the law. 

Given under my hand, as presiding judge of the Clinton county 
court, this 22d day of October, 1859. 

WM. VANN, P. J. G. G. G. 


Executed on all the within named witnesses, except C. L. Holsap¬ 
ple, James Smith, W. A. Ellis, and A. H. Davis, December 12, 
1859. 

J. G. PICRENS, S. C. G., 
By J. J. WOOD, D. S. G. G. 


Jas. S. Chrtsman, Esq.: 

Sin : Take notice that I will, at the court-house in the town of Al¬ 
bany, Clinton county, Rentucky, at the same time, and before the 
same person I have heretofore notified you I would take depositions 
to be read as evidence in the matter of controversy between us, wherein 
you are contesting my right to represent the fourth congressional dis¬ 
trict of Rentucky in the next Congress of the United States, also 
take the depositions of James C. Hancock, residing in Clinton county, 
Rentucky; and of James Haggard, residing in Cumberland county, 
Rentucky, to be read as evidence for the same purpose as those whom 
I have before given you notice, to be taken at the same place. 

W. C. ANDERSON. 

Executed the within notice on the within-named James S. Chris¬ 
man by delivering him a true copy thereof on this the 28th day of 
November, 1859. 

W. R. TAYLOR, M. S. D . 

The deposition of P. H. Smith, taken at the court-house in the town 
of Albany, Clinton county, Rentucky, on the 12th of December, 1859, 
pursuant to notice before William Vann, county judge of the Clinton 
county court, to be read as evidence in behalf of W. C. Anderson in 
a case of contested election between James S. Chrisman and W. C. 
Anderson now pending before the 36th Congress of the House of Rep- 


KENTUCKY CONTESTED ELECTION. 


477 


resentatives of the United States of America, wherein James S. Chris- 
man contests the seat of W. C. Anderson to said Congress. The de¬ 
ponent, being of lawful age and first sworn, states : 

By Mr. Anderson’s counsel. Are you or not acquainted with S. J. 
Vance; if so, where and for whom did he vote in the late election for 
Congress ? 

Answer. I know S. J. Vance when I see him ; he voted, as I see 
by reference to the poll-book, at the Hays precinct, district No. 5 of 
Clinton county, Kentucky, and for James S. Chrisman for Congress, 
at the late August election. 

By same. Where did S. J. Vance reside at the time of said elec¬ 
tion ? 

Answer. I don’t know of my own knowledge where said Vance re¬ 
sided; but was informed by him that if he had known there would 
have been any dispute about his vote he would have gone from district 
No 4, known as the Ill Will precinct of Clinton county, and voted 
there. 

By same. Did he or not say that he went there, to district No. 5, 
for the purpose of going to school ? 

Answer. lie did. 

By same. Is or not said Vance’s vote challenged by Anderson; and 
is or not this the same person challenged that you have been speak¬ 
ing of? 

Answer. His vote is challenged by Anderson, and he the same per¬ 
son I have been speaking of. 

By same. What is your age and avocation in life? 

Answer. I am 29 years of age, and am a merchant in the town of 
Albany. 

By same. Did or not said Vance’s parents reside before and at the 
time of the election in district No. 4 of this county ? 

Answer. My understanding is that his father did ; his mother is 
dead. 

Question by Chrisman’s counsel. State whether or not S. J. Vance 
was at the last August election a married man or a housekeeper. 

Answer. My understanding is that he is a single man, and not a 
housekeeper, qor never was at any time, to my knowledge. 

By same. State whether or not the father of said Vance was or not 
a housekeeper at the last August election, and whether or not he lived 
amongst his children. 

Answer. I do not know whether or not he is a housekeeper. 

By same. State whether or not the mother of said S. J. Vance is 
dead, and whether there are any children living with his father. 

Answer. I suppose Mr. Vance’s mother is dead. I do not know 
whether or not there is any one of his children living with his father 

or not. . . 

By same. State whether or not you are acquainted with r. H. 
Clark, who voted for William Anderson for Congress at the last Au¬ 
gust election, and your opinion as to the extent of negro blood in 

11 Answer. I am not acquainted with the above-named Clark; I have 
seen him once. He is tolerably dark; but I think I have seen some 


478 


KENTUCKY CONTESTED ELECTION. 


men who were regarded as white men that I thought were as dark as 
he, Clark. 

By Chrisman’s attorney. Are you acquainted with all the voters 
who resided in precinct No. 5 at the last August election ? 

Answer. I am not. 

By same. Do you know that there resided in said precinct, No. 5 
at the last August election no voter by the name of S. J. Vance, ex¬ 
cept the S. J. Vance of whom you have been speaking ? 

Answer. I do not know of any other than the one spoken of. 

By same. Did you see the Vance of whom you have spoken vote ; 
and do you know of your own knowledge that he voted at all ? 

Answer. I did not see him vote ; I only saw the name S. J. Vance 
recorded on the poll-book for said precinct No. 5. 

By same. How old do you suppose the S. J. Vance of whom you 
have been speaking to be, and where was he raised ? 

Answer. I supposed him to have been twenty-one years old at the 
time of voting, and I suppose he was raised in this, Clinton, county. 

By same. When did he tell you that if he had known his vote 
would have been disputed he would have gone home ? 

Answer. About the eighth day of November, as well as I remember. 

By same. Do you know to what place he meant when he said he 
would have gone home ? 

Answer. 1 only know in this way; he had formerly lived in the 
Ill Will precinct, and stated that if he had known that his vote would 
have been disputed he would have gone down home and voted. 

By same. At whose house had he formerly lived in the Ill Will pre¬ 
cinct ? 

Answer. I do not know of my own knowledge. 

By same. How then do you know that he lived there at all ? 

Answer. Of my own knowledge I do not know that he did. 

By same. Do you know that his father was a housekeeper anywhere 
last August election ? 

Answer. I do not know. 

By same. Does he or not now reside in the said 5th precinct? 

Answer. I do not know. 

By same. For whom did you vote for Congress in the late August 
election ? 

Answer. For W. C. Anderson. 

By Anderson’s counsel. Have you or not known persons who were 
always regarded as white men, and whose right to vote was never chal¬ 
lenged or suspected, whose color was no lighter than P. H, Clark’s, 
whom you have been speaking of? 

Auswer. I think I have seen men vote whose color was as dark as 
Clark’s, whose votes were never challenged or suspected. 

By same. Is or not Henry Allen, who voted at the Piney Woods 
precinct in this county as dark complected as said Clark ; and has he 
or not always been regarded as a white man, and entitled to a vote? 

Answer. I do not know Henry Allen. 

By same. Could you tell by merely looking at said Clark’s com¬ 
plexion that he had other than white blood in him ? 


KENTUCKY CONTESTED ELECTION. 


479 


Answer. If I had not heard the thing talked about, I do not think 
I would have thought of such a thing; I did not notice the man 
particularly. 

By same. Did or not S. J. Vance, whom you have already spoken 
of in this deposition, tell you that he had voted for J. S. Chrisman 
for Congress in the late August election, that his vote was challenged 
by Anderson, and that he had gone from district No. 4 to district No. 
5 for the purpose of going to school there, where he voted ? and did 
or not his father reside in district No. 4 ? 

Answer. He told me he voted for J. S. Chrisman for Congress at 
the late August election, and that his vote was challenged by Ander¬ 
son ; and my understanding was that he went from district No. 4 to 
district No. 5 for the purpose of going to school there, and that his 
father at the time resided in district No. 4. 

By Chrisman’s attorney. Did you ever see a man vote in Kentucky 
who looked as much like an African negro as the man Clark, of whom 
you have spoken ; if so, what man ; when and where did he vote, and 
is not the said Clark kinky-headed? 

Answer. I don’t know that he looked like an African negro. I 
have seen one man who was regarded as a voter in Kentucky, and 
as a white man, who I think as dark as Clark, to wit, L. D Bunch. 
I don’t recollect noticing his hair, whether it is kinky or not. 

By same. If you had been a judge of the election, and wholly unac¬ 
quainted with the said Clark, and he, Clark, had offered to vote, would 
you, after looking at him, have received his vote without proof that he 


was a free white man ? 

Answer. If I never had seen him before I don’t know that I should 
have noticed that he looked like he had negro blood in him. I don’t 
know that I would have thought about his having negro blood in 
him ; he looked dark. 

By same. Did you or not tell William J. Dabney that you would 
not have wanted the vote of as dark a man as Clark ; and that if An¬ 
derson was elected only by Clark’s vote he ought not to accept the 
seat, or what did you say ? 

Answer. I might have said that I would not want as dark a man’s 
vote as Clark was. I don’t recollect that I said Anderson ought not 

to accept if elected by his vote only. 

1 P. H. SMITH. 


Also the deposition or Francis Irwin, taken at the same time and 
place, to be read for the purposes mentioned in the caption. Depo¬ 
nent, being of lawful age and first duly sworn, states : 


By Anderson’s counsel. State whether or not you are acquainted 
with J. Lemons; if so, where and for whom did he vote for Congress 
at the recent August election ? . A , 

Answer. I am acquainted with him; he lived with me about eighteen 
months before the election. I find upon examining the poll-books 
that he voted for J. S. Chrisman, at district No. 3, in Clinton county, 
Ken 

By same. Did you ever hear him say anything in reference to his 
age ; if so, what did he say ? 


480 


KENTUCKY CONTESTED ELECTION. 


Answer. I heard him say that he was four years old at the time 
his mother died, which he said he was informed was in the spring of 
1843 ; he also said that he had examined her tombstone, and it was 
there recorded that she died in 1843. This conversation was had 
previous to the recent election. I have heard him say on several 
occasions that his best information was that he was about four years 
old at that time. He sometimes used the expression “ about four 
years old at other times, that he “ was four years old/’ 

By same. Did you or not hear him say on the morning of the recent 
August election that he was not twenty-one years of age ? 

Answer. He said he was not going to vote; that he was not old 
enough. 

By same. Was there any other man by the name of J. Lemons 
residing in district No. 3 at the time of the recent August election ? 

Answer. No one that I know of. 

By same. Is his vote not challenged by W. C. Anderson ? 

Answer. I find upon looking at Anderson’s response to Chrisman 
a name corresponding with his, and suppose it is he. 

By same. Are you not acquainted with A. J. York ; if so, where 
and for whom did he vote for Congress at the recent August election? 

Answer. I am acquainted with him ; I was present at district No. 
3 at the recent August election, and heard him vote ; he voted the 
democratic ticket except Chrisman ; he voted for Anderson. 

By same. Have you or not heard him say since the election that he 
voted for Anderson ? 

Answer. I have. 

By same. Is or not his vote recorded on the poll-book for both Boles 
and Hoskins, and not for Anderson? 

Answer. I find it is so recorded upon the poll-books. 

By same. Were or not Boles and Hoskins both candidates for the 
State senate ? 

Answer. They were 

By same. Was there any other man by the name of A. J. York 
residing in district No. 3 at the time of the recent August election ? 

Answer. No other that I know. 

Cross-examined. 

By Mr. Chrisman’s attorney. Did or not John Lemons list for tax¬ 
ation in Clinton county last year, and pay poll-tax? 

Answer. He gave his tax-list in this way last spring: Martin Mil¬ 
ler, the tax commissioner for Clinton county, called on the said John 
Lemons to list for taxation last spring. Lemons replied, in substance, 
that he was willing to be sworn to his property, but would not be 
sworn to his age ; but told the commissioner to put him down as 
twenty-one years of age, if he wanted to ; that he, the said commis¬ 
sioner, might do as he pleased ; that he would not be sworn to his 
age. I believe the commissioner put him down as a poll-payer, and 
I now hear Mr. Anderson’s attorney, present, admit that the tax com¬ 
missioner did then put him down on his book as a poll-tax payer in 
pursuance of the said facts. 


KENTUCKY CONTESTED ELECTION. 


481 


By same. How long have you known the said John Lemans, and 
where and by whom was he raised ? 

Answer. I think it will be two years ago next January since he set 
in to work with me, and remained until a few days prior to the last 
August election. I had seen him once before. I don’t know who 
raised him. He told me he was raised in Tennessee. 

By same. Is or not the name which you have examined in Mr. 
Anderson’s response, and in the list of Chrisman’s votes therein, 
designated and challenged by Anderson, John Lemmans, and not J. 
Lemans. 

Answer. John Lemmans is the name challenged by Mr. Anderson 
in his response. 

By same. The name of the Lemmans about whom you have spoken 
is not J. J. Lemmans, is it? 

Answer. Not that I know of. 

By same. What proportion of the voters who resided in precinct 
No. 3, called Neathery’s precinct, at the last August election, were 
you acquainted with? 

Answer. I am acquainted with nearly all of them, I think. 

By same. Who did the young man Lemmans tell you gave him his 
information about his age when his mother died ? 

Answer. I don’t know that he ever named anybody in particular ; 
he said “ they.” In a conversation between myself, Allen M. Elder, 
of Albany, Kentucky, and said Lemans, in which Lemans made the 
said statement about his age, said Elder replied that he reckoned that 
was about right; that he (Elder) was there during his mother’s last 
sickness, and, from his size and appearance, he supposed his statement 
correct. 

By same. Did A. J. York vote by the use of a printed ticket, or 
verbally? 

Answer. He had no ticket that I saw ; he spoke it out. 

By same. Did the sheriff then cry the names of persons for whom 
York voted? 

Answer. I am not positive. I think he cried that York voted the 
democratic ticket, except Anderson. 

By same. Do you remember whether the sheriff cried the name of 
Anderson as one for whom York voted or not? 

Answer. I think he did. 

By Mr. Anderson’s counsel. Is there or not any other person living 
in district No. 3 by the name of J. or John Lemans besides the one 
you have spoken of? Is or not the John Lemans you have been 
speaking of not recorded on the poll-book as J. Leman? 

Answer. There is no person that I know of residing in district No. 
3, or did at the last August election, of the name either of John or J. 
Lemans, save the one 1 have spoken of. I think that his name is 
recorded in the poll-books as J. Lemans. 

FRANCIS IRWIN. 

Also the deposition of B. F. Burchett, taken at the same time and 
place, to be read at the place, and for the purposes mentioned, in the 

H. Mis. Doc. 11-31 


482 


KENTUCKY CONTESTED ELECTION. 


caption. The deponent, being of lawful age, and first duly sworn? 
deposeth and saith: 

Question by Mr. Anderson’s attorney. Are you or not acquainted 
with W. C. Wright and Simpson Wright; if so, where and for whom 
did they vote for Congress at the recent August election ? 

Answer. I am acquainted with them both. W. C. Wright voted 
in district No. 3, and Simpson Wright in district No. 2. They both 
voted for J. S. Chrisman. I find their names so recorded on the poll- 
books for those districts. 

By same. Did or not their father remove from this State to Texas, 
and take both of them with him, while they were small boys ? 

Answer. He did. 

By same. Have you or not heard them both say that they lived in 
Texas from that time up to the time they came back to this State ? 

Answer. I heard them both say they had. 

By same. When did they come to this State ? 

Answer. They came here something more than twelve months pre¬ 
vious to the recent election. 

By same. Did you or not hear them both say a short time after 
they came to this county that they came on a visit, not to make this 
State their home, and that they intended to return to Texas ? Have 
you or not often heard them both say so ? 

Answer. The first time I saw them after they came back from Texas 
I asked them if they came here to live. They said they did not; that 
they only came on a visit; that they would not have this country for 
a home if it was given to them. Alter this 1 saw them often, and a 
few days before the election I met Simpson Wright. I said to him, 
“ You have not gone back to Texas yet.” He answered, “ No ; we 
have not gone yet; we have been waiting for father lo come, but he 
has not come yet, and I don’t think he is going to come. We will 
not wait for him any longer, but will start back as soon as the wea¬ 
ther gets cool.” This is the last conversation I had with him, and 
have not seen him since. 

By same. Have you or not heard them both deny positively that 
this State was their home ? 

Answer. I have. I have heard them both say they would not have 
this country for a home ; that they were going back to Texas. I have 
often heard them say so. 

By same. Was there any other man by the name of Simpson Wright 
living in district No. 2 at the time of the recent August election, or is 
there at this time ? 

Answer. No one that I know of. 

By same. Was there any other W. C. Wright residing in district 
No. 3 at the recent August election, or is there at this time ? 

Answer. If there is 1 do not know it. 

By same. Are you or not well acquainted in both districts ? 

Answer. I am. 

By same. Do you know anything in reference to the intention of 
S. T. Hunter, whose vote is challenged by Chrisman, in leaving this 
State ; if so, what is it ? 

Answer. On Saturday, before he started to Missouri, which was on 


KENTUCKY CONTESTED ELECTION. 


483 


Sunday morning, he came to me and told me that he wished I would 
let the debt I had against him stand ; that he was going off to work 
for money, and intended to come hack and pay every debt he owed ; 
that he was going to leave his family and horse in this county. He 
did leave his family and horse in this county, and afterwards returned 
himself. He said he was going to Missouri to work. 

By same. Has or not his vote been challenged by Chrisman ? 

Answer I suppose it has. 

By same. Did or not W. C. Wright raise a crop in Russell county, 
in this State, sii.ce he has been here; if so, when was it? 

Answer. He told me that he was raising a crop in Russell county 
for one John Leveridge ; this was last summer. 

By same. Have either W. C. or Simpson Wright had any particu¬ 
lar home or place of residence since they have been in this State ? 

Answer. I do not know whether they have or not. 

[J. S. Chrisman excepts to the reading of this deposition of B. F. 
Burchett touching the votes of Simpson Wrightand Wm. C. Wright, 
because he hath had no notice that the votes of said Wrights would 
be challenged, and the same are not challenged; and not waiving the 
exception, proceeds to cross-examine the witness.] 

Cross-examined . 

By Mr. Chrisman’s attorney. Did or not the said Wrights both list 
for taxation and pay their taxes in this county since their return here? 

Answer. If they did, it is not on the tax-book for the year 1859. 

By same. How do you know they ever removed to Texas ? 

Answer. I know only by what they told me. 

By same. Were they or not poor young men without families? 

Answer. I know nothing about their property; if they have any 
families, I don’t know it. I never saw them have much property. 

By same. Have they ever owned any land to your knowledge ? 

Answer. No, sir ; I know nothing about it if they have. 

By same. Can you say for certain that they did not return to Ken¬ 
tucky as much as two years prior to the last August election ? 

Answer. I don’t recollect anything about that. 

By same. You have stated that Clinton Wright stated that he 
worked for Leveridge, in Russell county, this last summer; state if you 
know what Simpson Wright did last summer? 

Answer. I don’t know what Simpson did last summer. 

By same. When Simpson told you that he had been waiting the 
arrival of his father in Kentucky, what did he say his father was 
coming here for ? 

Answer. I never asked him, and he never told me. 

By same. The said Wrights are both here yet, are they not ? 

Answer. I saw one of them yesterday; I don’t know whether the 
other is or not. 

By same. Have they not a large family relationship here in Clinton 
county, Kentucky ? 

Answer. They have a good many connexions here, I think. 

By same. How long since their father left this country ? 


484 


KENTUCKY CONTESTED ELECTION. 


Answer. I would suppose it has been twelve or fifteen years ago 
since their father left here. 

By same Were they or not growm men, apparently over twenty- 
one years of age, when they returned ? 

Answer. I expect they were. 

By same. Was their lather poor when he left here ? 

Answer. He was. 

By same. Are they or not young men that talk a great deal and 
somewhat extravagantly ? 

Answer. Not that I know of. 

By same. Did you or not regard it as extravagant for them to say 
they would not stay here for Kentucky ? 

Answer. I thought if their father owned a league of land they had 
better go to it. I did not think anything about the extravagance of 
the chat at the time. 

By same. Do you remember any person that was present when they 
told you they were going hack to Texas ; and did they fix any time 
at which they were going back ? 

Answer. Joseph Warriner was by when Simpson Wright told me 
so ; he, Simpson, said they were going back about September last, 1859. 

By same. Were you or not an acting constable of Clinton county, 
and, as such, had a debt against Samuel Hunter when he left here? 

Answer. I was not constable at that time. I had been, and, as 
such, had the debt and paid it myself, and held it, or part of it, 
against him. 

By same. Where did he say he was going to when he left? 

Answer. He said he was going to Missouri. 

By same. How long was he absent before he returned ? 

Answer. It was some three or four months, may be more and may 
be not quite so much. 

By same. What are your politics, and for whom did you vote for 
Congress at the last August election ? 

Answer. I voted for W. C. Anderson for Congress. I vote the 
opposition ticket generally. 

B. F. BURCHETT. 

Also the deposition of Montgomery Howard, taken at the same 
time and place, and for the purposes mentioned in the caption. The 
deponent, being of lawful age, and first sworn, states : 

Question by Mr. Anderson’s counsel. Are you or not acquainted 
with Jno. Travis; if so, where and for whom did he vote at the last 
August election? 

Answer. I am acquainted with a man living in the Piney Woods 
district, of Clinton county, Kentucky, by that name. I heard him 
say he voted in said district, and for J. 8. Chrisman for Congress, at 
the late August election. 

By same. Is or not the Travis to whom you have alluded the same 
who was at that time, and is now, in the employ of the Nashville and 
Rowena Coal Company ? 

Answer. He is the same man. 

By same. Have you or not had a conversation with said Travis ; 


KENTUCKY CONTESTED ELECTION. 


4 C 5 


and did he or not in that conversation tell you that he was a foreigner 
by birth, and that he had only declared his intention to become a 
citizen of the United States of America, and that he had not taken 
the final oath of allegiance to this country? 

Answer. He has repeatedly told me he was a foreigner by birth. 
He has also told me since the election that he had not yet got his 
naturalization papers, but could get them by sending on. 

By same. Is there or not any other John Travis residing in the 
Piney Woods precinct, of Clinton county ? 

Answer. There is no other that I know of. 

By same. Is he or not the same John Travis challenged as a voter 
for Chrisman by Anderson ? 

Answer. I presume he is, from looking at the response of Anderson 
to Chrisman. 

By same. Did you or not hear Simpson Wright vote at the late 
August election ; if so, where and for whom did he vote for Congress 
at said election ? 

Answer. I did not hear him vote. 

By same. Are you or not acquainted with George Wilkinson ; if 
so, where and for whom did he vote for Congress at the late August 
election ? 

Answer. I am acquainted with Geo. Wilkinson. I see, from look¬ 
ing at the poll-books, that he voted at the Piney Woods precinct, in 
Clinton county, Kentucky, and for J. S. Chrisman for Congress. 

By same. What are your politics, and for whom did you vote for 
Congress in the late August election ? 

Answer. My politics are democratic, and I voted for J. S. Chrisman 
for Congress. 

Cross-examined by Mr. Chrisman's attorney. 

Did or not the said John Travis, of whom you have spoken, tell 
you in the same conversation you have spoken of that his father was 
a naturalized citizen of the United States, and he a boy when they 
came here? 

Answer. He has told me that his father was not a naturalized 
citizen. 

By same. Was or not the substance of what you heard him say 
about his papers that he was naturalized, but the record of his natu¬ 
ralization was in some other State than Kentucky ; and to enable him 
to show his naturalization, he would have to send for the papers or a 
copy of the record ? 

Answer. The conversation simply was, he said that he had not 
his naturalization papers, but that he could get them by sending on. 

By same. How long has he been in Kentucky ; and where did he 
last reside before he came to Kentucky ? 

Answer. He has been in Kentucky not far from two years now. 
He told me he came from Nashville, Tennessee, when he came to 
Kentucky. 

By same. Were or not the judges of the election at the precinct 


486 


KENTUCKY CONTESTED ELECTION. 


where he voted, if at all, or in which he lived at the election, well 
acquainted with him? 

Answer. I presume they all knew him. One of the judges lived 
two or two and a half miles, and the other about three miles from 
him. 

By Anderson’s counsel. Have you or not heard G-eorge Wilkinson 
say he was of foreign birth ? 

Answer. I have never heard him say that he was of foreign birth. 
I have heard talk about his growing up in England, and talking 
about the English country. 

By Chrisman’s attorney. Did or not a certain negro or mulatto, by 
the name of P. H. Clark, vote for William C. Anderson for Congress, 
in Ihe Piny Woods precinct, No. 2, at the last August election? 

Answer. I don’t know Clark to he a negro or mulatto ; hut I see 
the name of P. H. Clark recorded on the poll-book for the said pre¬ 
cinct No. 2, at the late August election, as voting for W. C. Ander¬ 
son for Congress. I knew a fellow at and before the said election in 
that precinct by that name. He had the appearance of being mixed 
blooded. From his looks, I would not like to let him eat at my table 
or sleep in my beds with white folks. 

By same. Did or not his cross appear to be between the white race 
and the African negro race ? 

Answer. From his general appearance, I consider him a mixture of 
the white race with the black. 

By same. Was he or not a fellow that made his appearance in this 
county from parts unknown, and whose parentage and genealogy 
were unknown in this country ; and has he or not since voting left 
here for parts unknown ? 

Answer. I don’t know where he came from when he came into our 
precinct about eighteen months ago. I know nothing, nor have I 
heard anything, about his parentage, or race, or relationship; he has 
left, or at least I have not seen or heard of him since the election. 

By same. Were there or not some friends of the said W. C. Ander¬ 
son trying to get the said mulatto to vote ; and were they or not 
notified that he was mixed blooded, and therefore not entitled to vote, 
and warned not to vote him ? 

Answer. I told Valentine Brown and Hiram Hyden, who were 
friends of Anderson, and, as 1 thought, trying to vote him, that if I 
was in their place that I would not vote him, giving as my reason, in 
substance, that he was mixed blooded. 

By same. Did or not the judges of the election object to his voting 
on the grounds you have mentioned ? 

Answer. I was not present when he voted, and don’t know. 

By same. Did or not said Clark have blue eyes ; how will he com¬ 
pare in color with persons who voted for Chrisman that day ; and 
how long had he been residing in said district prior to the last Au¬ 
gust election ; could you form any opinion of what extent he was 
mixed by looking at him? 

Answer. I don’t know whether he had blue eyes or not; I think I 
have seen as dark-skinned men as him, whom I considered as clear- 
blooded as to the natural color of the skin ; he came into said district, 


KENTUCKY CONTESTED ELECTION. 


487 


according to my best recollection, some twelveor fourteen months prior to 
said election ; my opinion is, that he must he at least one-eighth mixed 
with African blood or more. 

MONTGOMERY HOWARD. 

Also the deposition of John W. Marion, taken at the same time and 
place, and for the purposes mentioned in the caption, who, being of 
lawful age, and first duly sworn, states: 

Question by Mr. Anderson’s counsel. State whether or not you are 
acquainted with F. E. Graer ; if so, where and for whom did he vote 
for Congress at the recent August election? 

Answer. I am acquainted with him ; it appears from the poll-book 
that he voted for J. S. Chrisman, at district No. 2, in Clinton county. 

By same. Did you or not hear him say that he was of foreign birth 
and had not obtained his naturalization papers ? state all you heard 
him say in reference to this matter. 

Answer. I heard him say that he was of foreign birth ; that he was 
brought to the United States when he was about twelve years of age ; 
I also heard him say that he could get his naturalization papers by 
going to Somerset; I loaned him by horse to go ; he sent my horse 
back, but did not return himself. 

By same. Did he or not say to you that he had only taken the oath 
declaring his intention to become a citizen of the United States, and 
had never taken the second oath ? state all he said about this. 

Answer. He said his father took him to Somerset, Pulaski county, 
where he took one oath ; he called it the oath of allegiance ; he said 
he never had taken but the one oath ; he said he would go to Somerset 
and get his papers if they were correctly prepared ; and if he was 
properly or duly qualified to vote, he would present them agreeable 
to the notice served upon him ; and if not, he would pay no attention 
to it; this was about the last conversation I had with him about it. 

By same. Did you ever hear him say he voted for Mr. Chrisman at 
the recent August election ? 

Answer. I did. 

By same. Do you know of any other F. E. Graer in the 2d district? 

Answer. I do not. 

By same. Is or not the 2d district the one usually called the Piney 
Woods district ? 

Answer. I am so informed. 

By same. Did or not Mr. Graer live with you for some time, and is 
he or not the same F. E. Graer whose vote is challenged by W. C. 
Anderson ? 

Answer. He lived with me three years and some months ; I suppose 
he is the one challenged by Mr. Anderson ; he told me his vote was 
challenged, and that he was summoned to testify on oath whether or 
not he was a lawful voter. 

By same. Was it or not this summons he spoke of when he said he 
would go to Somerset and get his papers if they were properly fixed 
up and bring them down agreeable to notice? 

Answer. I suppose it was. 

By same. Did he ever return from Somerset? 


488 


KENTUCKY CONTESTED ELECTION. 


Answer. He did not. 

By same. Did he or not say he would return if his papers were 
properly prepared and he a legal voter ? 

Answer. He did. 

By same. Are you or not acquainted with Simeon Marcum ; if so, 
where and for whom did he vote at the late August election ? 

Answer. I am acquainted with him ; I heard him say that he voted 
in district No. 1, in Clinton county, for W. C. Anderson. 

By same. Where did he reside previous to his becoming a citizen of 
this county ? 

Answer. In Wayne county, in this State, on the Little South Fork ; 
he had lived a neighbor to me there for several years—a part of the 
time at my house. 

By same. Did he or not come from that county to this ; how long 
had he been a resident of this county, and district No. 1, previous to 
the recent August election ? 

Answer. My information is, that he came from Wayne county to 
this county; he had been residing in this county, in district No. 1, 
from October, 1858, up to the election. 

By same. Has or not his vote been challenged by Chrisman ; and 
do you know of any other man of that name in district No. 1 ? 

Answer. It appears that his vote has been challenged by Chrisman. 
I know of no other man of that name in district No. 1. 

Gross- examined. 

By Chrisman’s attorney. Did or not the said Frederick E. Graer 
also tell you that his father was a naturalized citizen of the United 
States, and that his father brought him here when a small boy? 

Answer. He did tell me that his father was a naturalized citizen of 
the United States ; and that his father moved to the United States, 
and brought him when he was about twelve years old. 

By same. Do you know the age of Simeon Marcum, of whom you 
have spoken ? 

Answer. I don’t know his age; I believe, from credible information, 
that he was over twenty-one years old at the August election ; he has 
paid his tax to me for the years 1856 and 1857. 

By same. When Mr. Graer said he would go to Somerset and see if 
his papers were all right, and if they were would return, and left as 
you have stated, do you know that he ever went to Somerset at all? 

Answer. I don’t know it from my own knowledge. 

By same. How old do you suppose the said Mr. Graer to be now ; 
and has he or not frequently voted in Kentucky? 

Answer. He informed me that he was in his twenty-third year about 
a month since ; he voted twice before in Kentucky that I know of. 

By Anderson’s counsel. Did or not Graer give you the information 
in regard to his father having his naturalization papers since the last 
August election ; did or not he tell you that he went to Somerset, in 
Pulaski county, to be naturalized at the same time he took him there 
to take one oath he spoke of? 

Answer. Graer gave me the information in regard to his father’s 


KENTUCKY CONTESTED ELECTION. 


489 


being naturalized since the last August election ; he said that his fa¬ 
ther took his family to Somerset at the time alluded to, and they took 
the oath of allegiance, as he called it. 

By same. Did he or not say that he had never taken hut one oath ? 

Answer. He stated he had taken but the one oath. 

By Chrisman’s attorney. Did or not the said Mr. Graer tell you 
that he thought he was legally naturalized, and a good and legal voter? 

Answer. He did. 

JOHN W. MARION. 

Also the deposition of Wm. Arch. Sidwell, taken at the same time 
and place, and for the purposes mentioned in the caption; who, being 
of lawful age, and first sworn, states : 

By Anderson’s counsel. Where do you now live, and how long have 
you lived there ; where did you vote at the late August election, and 
for whom did you vote for Congress ? 

Answer. I now live in Clinton county, Kentucky, and was born and 
raised here ; I voted in the Ill Will district of Clinton county, and I 
voted for W. C. Anderson for Congress. 

By same. How long had you resided in said district prior to the 
late August election ; how old were you at said election ; and have 
you ever made any other but Clinton county, Kentucky, your home ? 

Answer. I never had lived out of said district before the last August 
election ; I am not certain how old I am ; I am at least twenty-four 
years of age ; I have never made any other place but Clinton county 
my home. 

By same. Were you or not at the late August election in every re¬ 
spect legally entitled to a vote ? 

Answer. I believe I was. 

By same. Did you or not vote for W. C. Anderson at said election ; 
and did you or not desire your vote to be so recorded, and to so remain ; 
and did you ever direct said judges to scratch ycur name and vote off? 
Is there any other Archibald Sidwell in that precinct save yourself? 

Answer. I did so vote for W. C. Anderson at the late August elec¬ 
tion, and desired that my vote should be so recorded, and to remain 
there when once put down ; I never directed the judges or any one 
else to take my name and vote off the said poll-book ; but, on the con¬ 
trary, directed them not to do so; I understood after I left the precinct 
they did scratch it off. There is no other Archibald Sidwell in the 
precinct except myself that I know of. 

By same. Is or not Jesse Sidwell your brother ; and do you or not 
know where he resided previous to the recent August election ? 

Answer. He is my brother; and I know where he lived previous to 
the election. 

By same. In what county and district did he live previous to the 
election ? 

Answer. He lived in this (Clinton) county, and district No. 1, a 
short time before the election. While he was gone from home his 
mother moved from this district, and took his clothing with her, con¬ 
trary to his orders, and without his knowledge; she had before been 


490 


KENTUCKY CONTESTED ELECTION. 


talking of moving, and he told her not to move a thing he had as he 
intended to stay in district No. 1 until after the election. 

By same. Did you or not ever hear Jesse Sidwell say that after he 
had voted, on the same day, he was threatened with a prosecution by 
some of Chrisman’s friends if he did not have his vote taken off? 

Answer. I believe I did. 

By same. Did he or not say that this was the reason he had his vote 
taken off? 

Answer. Yes ; I did hear him say so. 

By same. Did he or not claim district No. 1 as his home up to the 
election. 

Answer. He did. 

By same. Is there any other man by the name of Jesse Sidwell 
living in district No. 1 ? 

Answer. None that I know of. 

Cross-examined. 

By Chrisman’s attorney. You have stated that you were in every 
way legally qualified to vote at the last August election ; now tell us 
what are the qualifications that entitle a man to vote. 

Answer. I think when a man is a free man he ought to vote as he 
pleases. 

By same. Is every free man entitled to a vote, in your opinion ? 

Answer. I don’t know whether they are or not; I reckon they 
ought to be. 

By same. How long does a man have to reside in Kentucky before 
he is entitled to vote ? 

Answer. He has to he in the district sixty days, and in the county 
two years. 

By same. Do you know where the lines of any of the voting precincts 
of Clinton county run ? 

Answer. I don’t know as I do exactly. 

By same. How do you know, then, that your mother moved out of 
the town precinct No. 1 into the Ill Will precinct No. 4 ? 

Answer. Because I know everybody always said we lived in the 
Ill Will precinct. 

By same. What time did your mother move fr m district No. 1 to 
district No. 4? give the year, month, and day. 

Answer. It was not more than two weeks till the election when she 
made said move. 

By same. Has your mother raised you ? 

Answer. She has raised me. 

By same. Have you always resided with her ? 

Answer. Yes, sir ; all the time till the year before the election. 

By same. Do you know the reason why the election judges erased 
your name from the poll ? 

Answer. I was not present when they scratched off my vote. 

By same. Did not your mother move out of the Ill Will or 4th pre¬ 
cinct before the last August election ? 


KENTUCKY CONTESTED ELECTION. 491 

Answer. Yes, sir; she did move out a month or two before the 
election. 

By same. Did she or not move your clothes out with her when she 
moved ? 

Answer. She did move my clothes out with her. 

By same. Has or not your mother always done your washing and 
sewing ? 

Answer. Yes, sir; she has. 

By same. Why, then, do you state that you did not live with her 
the year before the election ? 

Answer. Because 1 was working with my uncle, Arch. Gipson, that 
year ; I was hired to him for a year. 

By same. During that year did not your mother do your washing 
and sewing ? 

Answer. She did. • 

By same. When you wanted clean clothes, clothes patched or made, 
did you or not return to your mother’s to get them? 

Answer. She always kept my things ready for me, and I went after 
them on Saturday night and back on Sunday morning to my home. 

By same. Has she or not continually done the same for you in sew¬ 
ing, washing, &c., up to this time? 

Answer. She has. 

By same. When did your year with your uncle begin and expire? 

Answer. I do not know—I have forgotten ; I quit before my year 
was out. 

By same. Did you quit before or since the election last August? 

Answer. Since. 

By same. How long did you work with your said uncle ? 

Answer. I don’t know ; three or four months. 

By same. Is it or not also true that your brother, Jesse Sidwell, 
always kept his clothes, mending, sewing, and making, with his 
mother, as well as yourself. 

Answer. I think not; he lived with his uncle, Arch. Gipson, about 
a year; this has been a year or two ago ; during that time he kept 
his clothes with his said uncle ; with this exception he has always 
kept his clothes, washing, and mending, and sewing, with his mother, 
as I have done. 

By same. Are you or n_>t both single men ? 

Answer. We are. 

By same. Now give the time your brother commenced and quit 
living with your uncle, Arch. Gipson? 

Answer. It has been at least a year ago since he quit living with 
his said uncle, or over. 

By same. At what precinct did your said uncle vote at the time 
your brother worked with him? 

Answer. In the Piney Woods precinct No. 2. 

By same. Did you or not state in your first examination herein 
that your mother moved from the town precinct No. 1 while your 
brother Jesse had gone out to treat for Chrisman? 

Answer. I did. 

By same. How, then, do you know that your said brother either 


492 


KENTUCKY CONTESTED ELECTION. 


voted or desired to vote for Anderson at the last election, who was the 
opponent of Chrisman ? 

Answer. He treated first for one and then for the other ; I heard 
him say he voted for Anderson, 

By same. Is he or not here in this county now ? 

Answer. He is. 

By same. Did you or not tell Mr. James Johnson, who was a can¬ 
didate for justice of the peace, that your mother moving out of the 
precinct you expected would deprive you of the right to vote in the 
Ill Will precinct No. 4? 

Answer. I don’t know whether I did or not. 

By same. Where did your brother Jesse make his home at between 
the time his mother moved from the town precinct No. 1 and the 
election ? 

Answer. He did not make his home anywhere. 

By same. After the election and up until now where did he make 
his home ? 

Answer. With his mother. 

By same. Did he or not say that if his mother did move out he 
would still claim his residence in the town precinct to get to vote ? 

Answer. Yes, sir ; he did. 

By same. What year is this since the Christian era ? 

Answer. I don’t know. 

By same. Where have you lived since the election ? 

Answer. I have lived in the Piney Woods precinct part of the time, 
and in Ill Will part of the time. 

By same. Have you lived with your mother any since the election ? 

Answer. Yes, sir ; all the time. 

By same. In what year were you born ? 

Answer. I do not know. 

By same. What month and day ? 

Answer. The 28th day of April. 

By same. Did you live with your mother at the time of the last 
election ? 

Answer. No, sir ; I did not. 

By Mr. Anderson’s counsel. Do you or not know how to read? 

Answer. I can’t read or write. 

Byname. Is or not all of your knowledge of what it takes to consti¬ 
tute a legal voter derived from what you have understood was one ? 

Answer. It is. 

By same. Did you or not live one year in Clinton county and make 
your home in the Ill Will precinct of said county sixty days before the 
last August election; and were you or not over twenty-one years of age 
at that time ? 

Answer. I lived over one year in Clinton county and sixty days in 
the Ill Will precinct of said county prior to the last August election, 
and I was over twenty-one years of age. 

By same. Did or not P. H, Williams and other friends of J. S. 
Chrisman threaten to have you sent to the penitentiary or State prison 
if you did not have your name and vote erased from the poll-books, 
and endeavor to persuade you to do so ? 


KENTUCKY CONTESTED ELECTION. 


493 


Answer. They did. 

By same. Did or not your brother, Jesse Sid well, reside one year 
in Clinton county and sixty days in district No. 1 of said county, where 
he voted, prior to the last August election? 

Answer. He did. 

By Mr. Chrisman’s attorney. Did Mr. Williams not simply tell you 
that you were not entitled to a vote, and if you voted improperly you 
would be punished ? 

Answer. No, sir ; he did not. 

By same. Do you know where the law fixes a man’s home at when 
he works at one place and keeps his clothes, washing, sewing, &c., at 
another place, to which last place he intends to return and does return 
when his time for which he is hired to work is out? 

Answer. I don’t know as I do; I don’t know anything about the 
law. 

By same. When you were hired to Arch. Gipson, as you have stated, 
did you or not intend to return to your mother’s when your time was 
out, and did you not quit before it was out and return to your 
mother’s? 

Answer. I did intend to return to my mother’s, if I lived, when my 
time was out, and did quit before it was out and return to my mother’s. 

By Mr. Anderson’s counsel. Where was your mother living when 
you went to your uncle’s to live, and where did she live when you 
returned? 

Answer. She lived in the Ill Will precinct when I went to my uncle’s 
to live, and lived there when I returned. 

By same. Did you or not, in response to a question from Mr. Hays, 
Mr. Chrisman’s attorney, state that P. H. Williams told you before 
the election, when he thought you were going to vote for Chrisman, 
that you were entitled to a vote ; but after the election, when you had 
voted for Anderson, that he would have you put in the penitentiary if 
you didn’t scratch it off? 

Answer. He did. 

By same. Did or not Mr. Hays refuse to put the answer down ? 

Answer. I don’t know whether he put it down or not; he said he 
wouldn’t. 

By same. Did or not P. H. Williams tell you the things above 
stated ? 

Answer. Yes, sir ; he told me and uncle Zeke too. 

By Mr. Chrisman’s attorney. What made Mr. Williams think that 
you were going to vote for Chrisman *, did you tell him so ? 

Answer. No, sir; I did not tell him so ; I had always voted that 
way before. . 

By samo. Did he tell you that he expected you to vote for Chrisman? 

Answer. He did tell me so. . 

By same. Did you thereupon tell him that you were not for Chris¬ 
man, or who you were for ? 

Answer. I did not. , . 

By same. How do you know that he looked for you to vote for Chris¬ 
man when he was a Chrisman voter, and you refused to tell him that 
you agreed with him in that matter ? 


434 


KENTUCKY CONTESTED ELECTION. 


Answer. My uncle Zeke told me he expected me to vote for Chris- 
man. 

By same. Did you ever leave your mother’s on business, or to work 
for any one, without intending to return to her when your work was 
done or business accomplished ? 

Answer. No, sir ; I never did. 

By same. You have stated that Mr. Williams told you that you 
were a legal voter; now state whether that was before or after your 
mother moved out of this town precinct No. 1 ? 

Answer. It was before and after, both. 

By same. What did Mr. Williams tell you that you would he peni- 
tentiaried for if you did not have your vote taken off? 

Answer. He said it was not a legal vote. 

By same. Why did he tell you it was illegal ? 

Answer. Because my mother had taken my washing out of the 
district. 

his 

WILLIAM A. + SIDWELL. 

mark. 

Also the deposition of Allen Smith, taken at the same time and 
place, and for the purposes mentioned in the caption. The deponent, 
being of lawful age, and first sworn, states : 

By Mr. Anderson’s counsel: Is or not the name and vote of Archi¬ 
bald Sidwell scratched out on the poll-books of the Ill Will precinct of 
Clinton county, Kentucky, for the last August election ? 

Answer. I see that it is, from looking at the poll-book for said pre¬ 
cinct. 

By same. Is or not his vote omitted in counting the column for 
Anderson ? 

Answer. It is. 

By same. Are you or not acquainted with John Guthrie ; If so, 
where and for whom did he vote at the last August election for Con¬ 
gress ? 

Answer. I am very well acquainted with John Guthrie, and I see, 
from examining the poll-books, that he voted in district No. 1 of Clin¬ 
ton county, and for James S. Chrisman for Congress. 

By same. State all you know in reference to his residence in district 
No. 1, where he voted. 

Answer. He came to my house, in district No. 1, the 12th day of 
April, 1859, and hired himself to me for three months ; his time ex¬ 
pired the 20th day of July, and he told me he was going back to his 
father’s, in district No 3 ; he left my house on the 20th day of July, 
1859, as he said, to go to his father’s, in district No. 3. 

By same. Did you ever see him in this the first precinct after that 
time, prior to the August election ? 

Answer. I never did, attending to any business. 

By same. Is there any other John Guthrie in this county save the 
one you have been speaking of? 

Answer. There is none that I am acquainted with. 

By same. Did you hear him state anything in relation to working 
the road in the first district of this county ? 


KENTUCKY CONTESTED ELECTION. 


495 


Answer. He stated that he would not work the road in district No. 
1 ; that he considered Seventy-six, in district No. 3, his home, and had 
to work the road there, and did not work the road in district No. 1. 

By same. Are you or not acquainted with W. A. Ellis ; if so, 
where and for whom did he vote for Congress in the recent August 
election ? 

Answer. I am acquainted with him. His vote appears to have 
been recorded for W. G. Anderson on the poll-hooks of the 4th district, 
in Clinton county, and afterwards erased. 

By same. Is or not the said Ellis twenty-one years of age, and how 
long had he been a resident of the State, county, and precinct previous 
to his casting the vote for Anderson ? 

Answer. He told me previous to the election that he was twenty- 
one years of age last spring. He came from Overton county, Ten¬ 
nessee, in July, 1858, and I hired him to work. He had been in the 
county awhile before I hired him. He worked with me until about 
the 1st December. After he left my house he staid several nights 
with me, and told me that he was still living in the county. He was 
at my house sometime last spring, and told me he was going to live 
with James Johnson, in the 4th or 111 Will district of this county. 

By same. Do you know any other man named W. A. Ellis living 
in district No. 4 ? 

Answer, I do not. 

By same. Did he or not stay at your house the night after the elec¬ 
tion, and did he or not then say that he had voted for W. C. An¬ 
derson ? State all he said about it. 

Answer. He did, and told me that he voted at the Ill Will, or 4th 
district, for Anderson. 

By same. Did he say anything about his vote having been erased ? 

Answer. He did not. 


Cross-examined . 

By Chrisman’s attorney. Is or not the vote and name of Archibald 
Sidwell erased entirely from the poll-book, and not counted for any 
one ? 

Answer. That is what the book shows. 

By same. Did or not John Guthrie, about whom you have spoken, 
tell you in April last, when he hired to you, that he was done living 
at his father’s forever? 

Answer. He did so tell me in April. 

By same. When he left your house in July last, as you have stated, 
saying that he was going to his father’s, do you know where he went, 
or what he did thereafter, until the August election ? 

Answer. I know nothing except what he told me before he started. 
I never saw him thereafter at his lather’s. I don’t know what he 
did thereafter at the election. 

By same. Did he or n>t go to 0. H. P. Snow’s, and work or stay 
there after he left your house, and before the last August election ? 

Answer. If he worked or staid there belore the election 1 don’t 
know it. He has been working there since the election, and is now. 


496 


KENTUCKY CONTESTED ELECTION. 


By same. While said Guthrie worked with you, was or not his 
home with you, in district No. 1, where his vote stands recorded ? 

Answer. My home, in district No. 1, where his vote stands recorded, 
was his home while he worked with me. 

By same. Although you know that he moved his home from your 
house in July, as you have stated, do you know that he moved it out of 
precinct No. 1, where he voted, or that he has had or claimed any 
place oulside of said precinct as his home since he left you ? 

Answer. Nothing only what he told me before he left my home, as 
I have stated. 

By same. Do you not know, from his residence and employment at 
0. H. P. Snow’s, that he has not been engaged in any business at his 
father’s since he left you ? 

Answer. I don’t know but what he was ; I don’t know; it was from 
the 20th of July until September before I knew of his engagement at 
Snow’s. 

By same. Is or not said Snow’s in the said 1st precinct, where 
Guthrie voted ? 

Answer. Yes, sir ; it is. 

By same. Did you or not hear W. A. Ellis, of whom you have 
spoken, say that he lived in Tennessee, and had left there to avoid 
being arrested for some offence, or something of that sort ? 

Answer. When I first hired Ellis he told me he had lived in Ten- 
nesseee, and had got into some difficulty in Tennessee by living with 
a woman, and that he did not want to pay the fine, and concluded he 
could do better in Kentucky than Tennessee, and that he would try 
Kentucky awhile. He said he did not calculate on going back to 
Tennessee any more, but talked like going to Missouri. 

By same. Do you know that he ever had any home in the fourth 
precinct of Clinton county, Kentucky ? 

Answer. No, sir ; only what he told me. He told me sometime in 
the spring of 1859 that he was living in the lower end of Clinton 
county. 

By same. Had he any property in Clinton county that you know of? 

Answer. No, sir ; none that I know of except his clothes. He 
sowed six bushels, or thereabout, of wheat, at my house, which I 
bought of him. 

By same. Do you know all the voters of the fourth precinct, or what 
proportion of them ? 

Answer. 1 know the most of them ; I can’t say what proportion. 

By same. You don’t know that the said Ellis either voted or at¬ 
tempted to vote, do you ? 

Answer. I do not; only what he told me on the night of the 
election. 

By Anderson’s counsel. Did or not Ellis tell you that he lived at 
James Johnson’s ; and is not James Johnson reputed to live in the 
fourth precinct; and do you or not understand by the lower end of 
the county the fourth district ? 

Answer. He told me he lived at Johnson’s, and Johnson is reputed 
to live in the fourth precinct of this county. I understand by the 
lower end of the county the fourth precinct. 


ALLEN SMITH. 


KENTUCKY CONTESTED ELECTION. 


497 


Also the deposition of E. C. Smith, taken at the same time and 
place, and for the purposes mentioned in the caption, who, being of 
lawful age and first sworn, states : 

By Anderson’s counsel. Did or not John Guthrie, the man spoken 
of by Allen Smith in the preceding deposition, tell you that he boarded 
at his father’s, in precinct No. 3, and assisted his sister to teach school 
just belore the late August election ; and did he go to 0. H. P. Snow’s 
until some time after said election ? 

Answer. He told me the Sunday after the election that he had been 
and was then hoarding at his father’s, in district No. 3, and helping 
his sister teach school. I live close to 0. H. P. Snow’s, and I never 
saw him at work there until after the election. 

Cross-examined. 

By Chrisman’s attorney. Do you or not know that John Guthrie 
had rented land of 0. H. P. Snow prior to the time you have spoken 
of, and made a contract to live with said Snow a year ? 

Answer. I don’t know of any such thing. 

By same. Did you ever see Mr. Guthrie teaching school; and do 
you know what school and in what precinct his sister was teaching? 

Answer. I don’t know anything about it only what he told me; he 
said his sister was teaching school in the Burchett district, which is 
the third voting precinct of Clinton county. 

By same. Do you know how long she had been teaching the school ? 

Answer. I do not know. 

By same. What are your politics, and for whom did you vote for 
Congress in the late race for Congress ? 

Answer. I voted for Wm. C. Anderson. My politics are opposition. 

E. C. SMITH. 

Also the deposition of Joshua L. Chilton, taken at the same time 
and place, to be read for the purposes mentioned in the caption: 

Question by Anderson’s attorney. State whether or not you are ac¬ 
quainted with Joshua Birdwell; if so, where and for whom did he 
vote for Congress at the recent August election ? 

Answer. I am acquainted with him ; he told me he voted at the 
Piney Woods (or second) district for J. S. Chrisman, which I find to 
be true upon an examination of the poll-hook for said precinct. 

By same. Is or not his vote challenged by Wm. C. Anderson? 

Answer. I see that it is by reference to Anderson’s response to Chris¬ 
man. 

By same. In what district did he live at the recent August election? 

Answer. Upon running the line according to the calls of the order 
upon the order book of the Clinton county court it includes him in 
district No. 1. 

By same. Were you or not present upon a recent occasion when 
said line was run according to the calls of said order ? 

Answer. I was. 


H. Mis. Doc. 11-32 



498 


KENTUCKY CONTESTED ELECTION. 


By same. Upon making as correct and accurate a survey of said line 
as was possible, did you or not find that it included him in district 
No. 1, and not in No. 2 ? 

Answer. Yes. 

By same. Was there at the recent August election any other per¬ 
son living in district No. 2 of the name of Joshua Bird well ? 

Answer. I know of no other man of that name. 

By same. State the beginning and termination of the line of which, 
you speak, as you find it upon record. 

Answer. It begins at the house of John Andrews, and runs from 
there to Jeremiah Davis’ ; the house at which it terminates was, I 
suppose, at the time the order was made, occupied by said Davis. 

Cross-examined. 

By Chrisman’s attorney. Does Mr. Joshua Birdwell still occupy the 
house in which he lived at the time of the election ? 

Answer. If he don’t he has recently moved. 

By same. Who ran the line ; and by whose compass was it run ? 

Answer. Mr. G. W. Hart run the line with his own compass. 

By same. What was the course called for on that part of the boun¬ 
dary between the 1st and 2d precincts ? 

Answer. It calls for beginning at the Jerry Davis house, and from 
thence due south. 

By same. Do you or not know that there are two houses known by 
and called the Jerry Davis houses—the one on the hill and the other 
in the lower end of the field ? 

Answer. There are two houses : both belong to me ; Jerry Davis 
has lived in both ; he lived in the house that I have been speaking of* 
and from which we started when we ran the line, in 1854, and re¬ 
mained there until March, 1855, he moved in the lower house in the 
year 1856, and remained there over a year ; no one has occupied the 
house we ran from since 1855. 

By same. If you start from the lower house, in which Jerry Davis 
lived, and run south, will it not leave the residence of said Birdwell 
in the Piny Woods or 2d precinct ? 

Answer. I did not run the line. 

By same. Have you or not known other persons who resided in the 
same house to vote in the Piny Woods precinct, and has not this 
always been the case ? 

Answer. I do not know. 

By same. Are you a surveyor, or do you understand surveying ? 

Answer. I have never studied surveying ; I have frequently been 
with surveyors and carried the chain, and have been county proces- 
sioner for four years. 

By same. You did not handle the compass and take the sight in 
said running, did you? 

Answer. Yes, sir ; I looked through them. 

By same. Did you look through the sight at every setting of the 
compass, and mark every object in the range during the whole run¬ 
ning you done ? 

Answer. The distance we run was not far ; I don’t recollect, but I 


KENTUCKY CONTESTED ELECTION. 499 

expect I looked through the compass every time it was set and noted 
the objects. 

By same. What was the first object your sight carried you to ? 

Answer. We went to the house and set the compass ; we could not 
get an object in the range of the sight; we then went upon the hill 
in the direction the line run, opposite Bird well’s house, and took a 
sight north back to the house, and then forward south on the line to a 
crooked black oak on the line. 

By same. Suppose you were to stand at John Andrews’ and run to 
the Davis house, do you know which side of the line the Birdwell 
house would he left ? 

Answer. I would say it would leave it in the town precinct, No. 1. 

By same. Have you ever run it or seen it run from Andrews’ to the 
said Davis house ? 

Answer. I have not; we commenced at or in sight of Andrews’ and 
staked it by guess, and then moved the stakes till we got them on the 
range of the Jerry Davis house, or so nigh that it would not have 
missed it far. 

By same. How far is it from John C. Andrews’ to the Jerry Davis 
house ? 

Answer. I don’t think it is quite three-quarters of a mile. 

By same. What are your politics, and for whom did you vote at 
the late August election ? 

Answer. I voted for W. C. Anderson for Congress at the last 
August election ; I am opposition in my politics. 

By Anderson’s counsel. Was or was not the order for the line he* 
tween districts Nos. 1 and 2 made in 1824, and did it or not call for 
the house where Davis then resided ? 

Answer. I find it that way on the book containing said order. 

JOSHUA L. CHILTON. 

Also the deposition of John S. Stockton, taken at the same time and 
place, and for the purposes mentioned in the caption, who being of 
lawful age and first sworn, states: 

By Anderson’s counsel. Where did Ashury Shoate live at the late 
August election ? in what precinct of Wayne county ? Is he or not chal¬ 
lenged by Anderson as having voted for Chrisman in the Edwards 
district, in Wayne county, Kentucky? 

Answer. I am acquainted with a Shoate, called Berry and Alberry, 
mostly Berry. He lived in the Mullentown district, in Wayne county, 
at the late August election. He is challenged by Anderson as having 
voted for Chrisman in the Edwards precinct of Wayne county. 

By same. Is there any man by that name in the Edwards precinct 
of said county? 

Answer. I don’t think there is. 

Cross-examined. 

By Chrisman’s attorney. Please state what facts you know showing 
that the said Slioat had his residence in the Mullentown precinct, in 
Wayne county, at the last August election. 


500 


KENTUCKY CONTESTED ELECTION. 


Answer. I think he has lived in it ever since he has lived anywhere ; 
he had a wife in the Mullentown district and hired to work with Wil¬ 
liam Guffey, in the Edwards district of said county of Wayne, and 
passed my house regular once a week, or twice a week, going from 
said Guffey’s to the neighborhood where his wife lived. I would 
sometimes accost him and say : “ Berry, you are going out courting 
he would reply, “ No, I am going home.” I would ask him where 
his home was ; he would say at Bichard Shoat’s, his uncle, which was 
in the Mullentown precinct. 

By same. Was he or not living apart from his wife for some time 
prior to the last August election ? 

Answer. I think they were parted ; he told me so, but still claimed 
her as his wife. 

By same. Had he any property save his clothes ? 

Answer. I think he had an old horse or two. 

By same. Do you know where he kept the horse? 

Answer. He had a horse with him at Mr. Guffey’s while he worked 
there. 

By same. Did he or not continue to wcrk there up until the August 
election ? 

Answer. He left some ten or twelve days before the election and 
set in to work with Parish Graham, in the Mullentown precinct. 

J. S. STOCKTON. 

Also the deposition of James C. Hancock, taken at the same time 
and place, and for the purposes mentioned in the caption, who being 
of lawful age and first sworn, states : 

By Anderson’s counsel. Where and for whom did you vote at the 
late August election for Congress ? 

Answer. I voted at Burksville, in Cumberland county, Kentucky, 
district No. 1, and for W. C. Anderson for Congress. 

By same Has or not your vote been challenged by Chrisman ? 

Answer. I have understood so. 

By same. How long had you been living in this State, and how 
long in the precinct where you voted, before the last August election ? 

Answer. I have been living in the State all my life, and more than 
sixty days in the precinct where I voted before the last August elec¬ 
tion. 

By same. Did you or not regard said precinct as your home, and 
did you have any other home than there, while you lived there? 

Answer. I regarded it as my home and had no other home while I 
lived there. 

By same. Are you or not a single man ? Have you any permanent 
residence ? Are or not your mother and father both dead ? And do you 
or not regard that place your home wherever you are engaged in 
business? 

Answer. I am a single man ; I have no permanent residence ; my 
mother and father are both dead, and I do regard that place as my 
home wherever I am engaged in business. 

By same. Was there any other James C. Hancock who voted in 
district No 1 of Cumberland county at the late August election? 

Answer. There was none that I know of. 


KENTUCKY CONTESTED ELECTION. 


501 


Cross-examined, 

By Chrisman’s attorney. Have you any place among your relations 
or elsewhere to which you return or go when out of business ? 

Answer. I have no particular place ; I very frequently go to one 
of my two brothers, and sometimes to Wayne county, when out of 
business. 

By same. Where did those two brothers live at and before the last 
August election ? 

Answer. In Albany, Clinton county, Kentucky, or near thereto. 

By same. How were you engaged in Burksville at and before that 
election last August? 

Answer. Teaching school. 

By same. When your school expired where did you go next? 

Answer. My first school expired on Friday before the election ; I 
then taught another three months’ session in same precinct, and then 
came to Albany, and have been here ever since, boarding with one of 
my said brothers and teaching. 

By Anderson’s counsel. During the intervals that you speak of in 
the times you were engaged in teaching school did you not merely 
visit your brothers and other places, and not for the purpose of 
making those places your home ? 

Answer. I counted them as visits. 

By same. You say you are now in Albany teaching school, board¬ 
ing at your brother’s : did you or not come here to attend to business, 
and not merely to make your brother’s your home? 

Answer. I came here to attend to business, and not merely to make 
my brother’s my home. 

J. C. HANCOCK. 

Adjourned until Tuesday, December 13. 

WM. YANN, P. J, C, C. C, 

Tuesday, December 13, 1859. 

Met pursuant to adjournment. 

Also the deposition of S. W. Hunter, taken on Tuesday, December 
13, 1859, at the same place as the foregoing, to be read and used for 
the purposes mentioned in the caption. 

The deponent, being of lawful age and first duly sworn, states: 

Question by Anderson’s counsel. Where and for whom did you vote 
for Congress at the recent August election ? 

Answer. I voted at district No. 3, and for W. C. Anderson for 
Congress. 

Adjourned until Wednesday morning, December 14. 

WM. VANN, J. P, C . C. C, 

Met, pursuant to adjournment, on the 14th of December, 1859, and 
resumed. 

WM. YANN, J, P. C. C. C, 


502 


KENTUCKY CONTESTED ELECTION. 


' By same. Did you or not go to the State of Missouri last winter? If 
so, tell all about the object of your trip to that State ; also whether or 
not you sold part of your effects before leaving ; tell about the 
matter. 

Answer. In the latter part of last winter I commenced selling, out 
my property with the intention of moving to the State of Missouri ; I 
was not able to pay off all of my debts and go ; I sent word to some 
men that I owed that I was willing to pay them part, and keep 
enough to pay the expenses of myself and family to Missouri.. I 
learned that some of my creditors were not willing for me to go with¬ 
out paying them off, which I was unable to do ; I thereupon declined 
the idea of moving to Missouri until I was able to pay off all my 
debts ; I had at that time sold out my corn and pork ; still had my 
horse, yoke of cattle, and household effects. I was trying to sell the 
cattle to E. C. Smith, who refused to buy until Squire Straten in¬ 
formed him that my going to Missouri for a temporary purpose would 
not lay the property liable to attachment. I had told Smith that I 
was going to Missouri for the purpose of working and getting money 
to pay my debts, and then return to my family in Clinton county, 
Kentucky, which latter purpose I had formed after the abandonment 
of the intention to move there ; I had told Smith that I was going to 
leave my family here, and would be back myself in the summer or 
fall following, and I had no other intention than that expressed to 
Smith when I talked to him ; my intention in going to Missouri was 
to stay until summer or fall and come hack to my family ; I had no 
intention of remaining there; to that end I made an arrangement 
with my father-in-law, Robert Netherly, who resided in the 3d or 
Netherly precinct, Clinton county, Kentucky, to move all my effects 
to his house, and my wife and children, w T hich I did before taking 
the trip to Missouri. I was to furnish provisions for my family ; this 
I did before I left; I bought corn, and left money with my wife to 
buy such other articles as she might want during my absence. I left 
my house with her; we moved everything to Netherly’s before I 
started to Missouri. Having given up my premises where I had 
formerly resided, I started to Missouri in March, and got home in 
July to my family at Robert Netherly’s. I worked while out there 
by the day and by the job, and got better pay than I could make at 
home. I have been at my father-in-law’s ever since my return ; I 
made his house my home last spring, and it is still my home ; and I 
have had no other home or residence since I went there last spring. 

By same. Tell all about a conversation you had with J. R. Gabbert 
(who has given his deposition in this contest) in regard to your horse, 
and running him off, &c. 

Answer. After I had sold part of my effects, and after I had moved 
to Robert Netherly’s, (at which place I remained near six weeks before 
I started to Missouri on the trip mentioned,) I went to see Squire 
Spearman to see if my horse could be subjected to execution if I went 
off temporarily ; that is, I wanted to learn of him if the trip there 
would debar me of the rights of a housekeeper in Kentucky ; on my 
way.there I saw J. R. Gabbert, the man who gave his deposition for 
^Chrisman in this contest; we were intimate and very friendly ; I told 


KENTUCKY CONTESTED ELECTION. 


503 


him where I was going, and my business with Spearman ; he told me 
I need not trouble myself about going there ; for, said he, if they get 
to devilling your wife about the hurse I will jump on him and run 
him off to Tennessee and sell him, get the proceeds and bring it back 
to your (my) wife ; for, said he, Sara, I have been tried in a case or 
two of this sort before ; he gave me the history of a case where he had 
Tun off a horse in that way, and said they couldn’t out-smart him ; I 
told him that arrangement would not suit me, as I wanted my wife to 
have the horse to ride during my absence, and went on and saw Spear¬ 
man ; he told me that my leaving temporarily would not subject the 
property ; I went home satisfied, and next Sunday I fixed up and 
started to Missouri, as before stated. 

By same. Where did A. J. York vote at the late August election? 

Answer. At the 3d precinct, Clinton county, Kentucky. 

By same. Did you hear him vote; and for whom? 

Answer. I heard him vote ; I was present when he voted; there 
was great excitement over his vote in the congressional race ; he was 
a democrat, and voted the democratic ticket throughout except J. S. 
Chrisman ; he did not vote for him, but voted for W. C. Anderson for 
Congress ; in this I am certain ; I was at the polls, and was helping 
to press him to the polls ; myself and C. Winfrey knew he would vote 
for Anderson, and hence our press. 

By same. Was there or not a young man who lived at John W. 
Manon’s, in Clinton county, Kentucky, last summer was a year ago, 
and up to the late August election, by the name of John Hughes? 

Answer. There is a young man who lives at John W. Manon’s by 
the name of Hughes ; he is called Dent. Hughes ; I don’t know that 
he lives there, but my recollection is that he told me he lived there ; 
this conversation took place in the fall of 1858 ; he told me he was 
going to stay there twelve months ; I don’t know how long he had 
been there before the date of this conversation ; this is my best recol¬ 
lection. 

By same. Is or not his name John Denton Hughes ? 

Answer. I don’t know. 

By same. Are you or not well acquainted in the 2d precinct of 
Clinton county ? 

Answer. I am well acquainted in that precinct; I was raised there, 
and am now twenty-eight years of age, or near it. 

By same. Do you or not know any man who lived in said precinct 
at the late August election by the name of John Hughes, unless the 
man Dent. Hughes who lived at J. W. Manon’s was of that name ? 

Answer. I know no man by the name of John Hughes who lived 
in said precinct at the date of the late August election, unless Dent. 
Hughes is named John Dent. Hughes ; I know one other young man 
in said precinct by the name of Hughes, but don’t know his Christian 
name ; this last-named one is quite young, and don’t look to be 
twenty-one years of age. 

By same. Is or not the name of John Hughes recorded upon the 
poll-book of the 2d precinct of Clinton county as voting for J. S. 
Chrisman at the late August election ? 

Answer. I have the poll-book of said precinct of Clinton county 


504 


KENTUCKY CONTESTED ELECTION. 


now before me, and find the name of John Hughes recorded on the 
same as voting for J. S. Chrisman for Congress at the late August 
election. 


Cross-examined. 

By Chrisman’s attorney. Are you or not still on terms of intimacy 
and friendship with J. R. Gabbert, of whom you have spoken ? 

Answer. I am. 

By same. Were you present when he gave his deposition herein 
for Chrisman ? 

Answer. I was. 

By same. Did you hear all he swore on that occasion ? 

Answer. I don’t think I was in the house all the time. 

By same. Did you or not tell him, during your interview with him, 
of which you have spoken, to run off your horse and sell him and 
give the proceeds to your wife, if they attempted to levy on or sell the 
horse from your wife after you left ? 

Answer. Ho, sir ; I told him it would not suit me. 

By same. Did you tell him not to do so ? 

Answer. I told him that would not do any good ; that my wife 
wanted the horse to use ; I told him if my horse could not be kept 
for my wife to use that I could sell him myself before I started. 

By same. What county in Missouri did you intend to move to while 
you had the intention of moving ? 

Answer. I intended going to Benton county, Missouri; I had a 
brother living there. 

By same. What county did you go to when you went to Missouri ? 

Answer. I got off at Boonville, with the intention of going to 
Benton county, but changed my mind and went to Carroll, where I 
remained until I started back; 1 learned I could get better wages in 
Carroll than in Benton. 

By same. Did you or not leave home with the intention of going 
to your brother’s, in Benton county, Missouri ? 

Answer. I did. 

By same. What sort of work or business did you intend to follow 
when you got to Missouri ? 

Answer. I intended to work at what I could make the most money 
at; I am no mechanic. 

By same. Had you any information before you left home that the 
difference in wages in Benton county, Missouri, were enough greater 
than wages here to pay your expenses of going and returning, and 
for the loss of the time going and returning, and then leave you with 
as much money as the wages of this country would have amounted to 
for the whole time of your absence ? 

Answer. I don’t recollect that I had ever had any information about 
the wages in Benton county, Missouri, before I left home ; I intended 
to go to Benton county because my brother lived there, supposing the 
wages to be as good there as in Carroll. 

By same. Did you or not intend to remain in Missouri, and send 
for your family after you had made money and paid your debts ; or 


KENTUCKY CONTESTED ELECTION. 


505 


at least, after returning to Kentucky and paying your debts, did you 
or not intend to move to Missouri ? 

Answer. I had no notion of sending for my family ; I intended 
moving to Missouri at some future day, if I liked the country. 

By same. Did you or not like the country on seeing it, and still 
like it? 

Answer. I like the soil ; I took the chills, and did not like the 
climate. 

By same. Did you see the young man Dent. Hughes, of whom you 
have spoken, vote ? 

Answer. I did not see Dent. Hughes vote; I don’t know that he 
did vote. 

By same. Did you ever see Dent. Hughes at John W. Marion’s, or 
hear him called John Hughes ? 

Answer. I don’t recollect ever seeing him at Marion’s ; I never 
heard him called John Hughes. 

By same. Have you any recollection as to what he said he was fol¬ 
lowing at Marion’s, and is not Marion’s in the Piney Woods, or 2d 
precinct of Clinton county ? 

Answer. My recollection is that Dent. Hughes, of whom I have 
spoken, said he was going to study the sciences under Marion ; said 
Marion resides in the Piney Woods or 2d precinct of Clinton county. 

By same. For whom did you vote; and is or not your vote chal¬ 
lenged hy Chrisman ? 

Answer. I voted for W. C. Anderson, and my vote is challenged. 

S. W. HUNTER. 

Also the deposition of David Wallen, taken at the same time and 
place, being duly sworn : 

By Anderson’s attorney. Are you or not acquainted with Williams 
Boston, late of Wayne county ? 

Answer. I am. 

By same. Did or not said Williams Boston move to your house in 
Clinton county last June, and did he or not remain with you until a 
short time before the election in August last ? 

Answer. He came to my house last June, and stayed there the most 
of the time until a few days before the late August election. 

By same. Did he or not bring his clothing with him, and where 
was his washing done ? 

Answer. He did, and had his washing done at my house. 

By same. Did he or not, a short time before the election, count up 
the number of days he would have been at your house against the day 
of the election, and find that it lacked a few days of sixty ; and did 
he not then for the first time find he couldn’t vote in Clinton county, 
and then did he or not pack up his clothes and go back to Wayne 
with the avowed purpose of getting a vote there ? 

Answer. He, a few days before the election, got to counting up the 
time that he would be in Clinton against the election, and found that 
it would not be quite sixty days, (the time required by law ;) he then 
found out that he could not vote in Clinton by a few days, and went 
back to Wayne, and said he was going to vote in Wayne. 


506 


KENTUCKY CONTESTED ELECTION. 


By same. Did he or not still let his clothes remain at your house 
after he went to Wayne ? 

Answer. Yes, sir. 

By same. Is or not said Williams Boston the same that had a family 
difficulty with Thomas Lair, in Wayne, just before he came to your 
house ? 

Answer. Yes, sir ; I suppose he is the same man that had a family 
difficulty with Thomas Lair ; said Williams Boston told me that he 
had had such a difficulty with said Thomas Lair, who lived in 
Wayne. 

By same. Did he or not come hack to your house shortly after the 
election, and has he or not made that his home ever since ? 

Answer. He came hack to my house in Clinton county, Kentucky, 
shortly after the election, and has made that his home ever since. He 
was sick when he came, and has been unable to work since that time, 
with the exception of about two weeks. He told me the other day 
that he was going to Wayne on Tuesday to do some work for Genama 
Young, to whom he owed some money ; he said that when he was up 
there he had cut his foot, and had to stay with her until it got well, 
and had incurred a hoard bill with her. 

By same. Is he or not a young man without family ? 

Answer. His wife has been dead about a year. He has two children, 
one at my house for the last eight months, the other was at John 
Twiford’s, in Wayne, about two weeks ago. 

By same. Are you or not acquainted with'John Criswell P If so, 
describe him. 

Answer. I am acquainted with John Criswell; he has a circular 
scar on one of his cheeks, black hair, and about five feet eight inches 
high. 

By same. Did or not said John Criswell live last spring at his 
brother’s, on the headwaters of Beaver creek, in the South Fork or 
fourth voting precinct in Wayne county? 

Answer. He had a brother living on the headwaters of Beaver 
creek, Wayne county, in the South Fork or fourth voting precinct in 
Wayne county ; said John had a horse that he kept there ; he spent 
part of his time at his brother’s ; he would work about at shingle¬ 
making at different times ; he came down here some two or three 
times before the election, and stayed three or four weeks at one time 
making shingles for Mrs. Noland and covering her house, of this 
county ; I don’t know how long he stayed the other trips ; he always 
claimed Wayne county as his home. 

By same. Did he or not tell you that when not employed at work 
he made his brother’s, in Wayne county, his home? 

Answer. No, sir ; not that I recollect of. 

By same. Do you know of any place in Wayne county at which he 
stayed, unless it was when he was for the time being at work ? 

Answer. I know of no particular place at which he stayed in Wayne 
or Clinton when he was not engaged at work, except at his brother’s, 
as before stated ; I don’t know that he even worked for his brother 
when staying there. 


KENTUCKY CONTESTED ELECTION. 


507 


By same. Did you or not vote for J. S. Chrisman for Congress in 
the late August election ? 

Answer. I did. 


Cross- examined . 

By Mr. Chrisman’s attorney. Was or not the said Williams Boston 
born and raised in Wayne county, Kentucky? 

Answer. I expect he was ; he was there and very small the first 
time I ever saw him, and was raised there from that time. 

By same. Did or not his parents reside there in Wayne, and raise 
him there ? 

Answer. They did. 

By same. Did he or not always claim Wayne county as his home ? 

Answer. He has with the exception of about one year, during which 
time he lived in Missouri ; I suppose he went to Missouri about seven 
years ago, and remained there about one year ago and came back. 

By same. When he came to your house last June did he bring any¬ 
thing with him except a very few clothes for his person ? 

Answer. He brought about two suits of clothes with him and noth¬ 
ing else. 

By same. Did he or not come to your house with the intention of 
returning to Wayne county, Kentucky? 

Answer. I think that was his calculation ; he said nothing to me 
about making my house his home, and made no arrangement with me 
to that effect. 

By same. Did you or not regard his trip and stay with you as being 
a mere tempgrary stay ? 

Answer. Yes, sir ; I regarded it as temporary only. 

By same. Does or not Genama Young, of whom you have spoken as 
residing in Wayne county, live in the town precinct, No. 1, of Wayne 
county ? 

Answer. She does, and did at the time he was there ; he was raised 
in what is now precinct No. 1 in Wayne county, Kentucky. 

By same. Was he ever engaged in any work, business, or employ¬ 
ment whatever at your bouse ? 

Answer. I don’t think he has ; I don’t think he has done any work 
since he has been down here ; he has done a little at my house in the 
way of getting fire-wood. 

By same. Do you know that John Criswell, of whom you have 
spoken, ever had a home outside of the town precinct. No. 1, of 
Wayne county, in which he voted at the late August election ? 

Answer. I don’t know that he has since said precinct was estab¬ 
lished, except he went to Texas several years ago, and was gone some 
three years ; he has been back three or four years, if not longer. 

By Mr. Anderson’s attorney. When Williams Boston came to your 
house before the election, did he say anything about where he was 
living ? 

Answer. He came there as I have stated in my deposition, and re¬ 
mained there until he made the calculation in regard to time and voting; 
during his stay at my house he did not say where he was living ; he 


508 


KENTUCKY CONTESTED ELECTION. 


spoke of the fuss that had gotten up between him and the Lairs ; I 
did not learn from him what his intention was in regard to returning. 

By same. You will state in what part of Wayne county John Cris¬ 
well was raised ? 

Answer. His father and mother were living up on Beaver creek, in 
the South Fork precinct, No. 4, of Wayne county, when they died ; 
they lived at several place in same county before that time ; I think 
John Criswell's father lived in precinct No. 1, Wayne county, when 
John married and went to Dogwood, in said precinct; he remained in 
town precinct until he went to Texas ; when he came back from Texas 
I don’t know where he lived after that time, except, as I have stated 
in my deposition, that he worked about from place to place ; as I have 
before stated, I don’t know what part of Wayne county was his home 
after his return from Texas. 

DAVID WALLEN. 

[J. S. Chrisman excepts to the reading of the foregoing deposition 
of David Wallen, because he hath had no notice of the time of his 
examination—no sufficient notice of any sort.] 

Also the deposition of John Westmoreland, taken December 14, 
1859, being duly sworn : 

By Mr. Anderson’s attorney. When and for whom did you vote at 
the late August election? 

Answer. I voted at Ill Will, fourth precinct of Clinton county, at the 
late August election ; I voted for W. C. Anderson, 

By same. Is or not your vote challenged ? 

Answer. It is I suppose. 

By same. Are you not a man of family ? 

Answer. I had a wife ; she died since the election. 

By same. Where did you live before the election ? 

Answer. I lived, before the August election, on G-. K. Howard’s 
land, across on the west side of the head of Ill Will creek ; my house 
in which I lived was and is in the Ill Will precinct, No. 4, of Clinton 
county, Kentucky. 

By same. Did you or not go to Adair county awhile before the 
election ; if so, did you move or only go on a visit ? 

Answer. About two weeks before the election, or a little over two 
weeks, myself and wife went to Adair county on a visit to see a sister 
of my wife who lived in Adair ; we remained there about a week and 
then returned home to the house above spoken of; we started on Sat¬ 
urday and got back on the following Friday ; we did not move, nor 
had no idea of moving at that time ; we left our things under the 
care of Thomas Hay until we got home ; said Hay lived in the Ill Will, 
or fourth precinct. 

By same. When did you move from the Howard place, and where 
are you now living ? 

Answer. I staid, after my return from Adair, with my father, who 
lives in the Ill Will precinct, and still remain there; after the death of 
my wife some two months, at her request, I took her things out to 


KENTUCKY CONTESTED ELECTION. 


509 


Adair county and left them with her sister, who had charge of my 
wife’s child ; the child was not mine, hut horn before our marriage. 

By same. What is your father’s name? 

Answer. John Westmoreland. 

By same. How long had it been since you made a visit to Adair 
before the one you have spoken of? 

Answer. I had not been there before at any time ; my wife had not 
been there for three years before the time mentioned. 

By same. Did you ever move to Adair county? 

Answer. No, sir; I never did ; I never was in there only when I 
went on the visit mentioned. 

Cross-examined. 

By Mr. Chrisman. How far did Thomas Hay live from the house 
you lived in before you went to Adair county, as you have stated ? 

Answer. About two miles and a half, as well as I can guess at it. 

By same. Is Thomas Hay related to you or your wife ? 

Answer. No, sir. 

By same. Had you or not other neighbors who resided nearer to you 
when you started to Adair than Thomas Hay ? 

Answer. Yes, sir ; I had closer neighbors. 

By same. Where did your wife die? 

Answer. She died in Adair county, at Bill Swilivans. 

By same. Did Bill Swilivan marry your wife’s sister? 

Answer. Yes, sir. 

By same. Is that the place you went to visit when you went to 
Adair ? 

Answer. It was. 

By same. How long did your wife lay sick before she died? 

Answer. Two weeks bedfast. 

By same. How or by what conveyance did you go to Adair, and 
what things did you take with you ? 

Answer. We went on foot and took no things only what we had on. 

By same. Did you take any child or children ? 

Answer. We took her own child along. 

By same. How long after you got to Swilivan’s was it before your 
wife was taken sick ? 

Answer. It was about three or four weeks after the election, as well 
as I remember, that she was taken sick. 

By same. Where was your wife the 1st of last August? 

Answer. She was in the Ill Will district at the time of the election, 
and I was with her ; we went to Adair again after the election. 

By same. When you came back before the election, where did you 
come to ? 

Answer. I came to my brother’s house by Thomas Busky’s, in Ill 
Will. 

By same. How long did you then stay at your brother’s house ? 

Answer. I staid there five or six days. 

By same. On what day of what month was it when you arrived at 
your brother’s house, as aforesaid? 


510 


KENTUCKY CONTESTED ELECTION. 


Answer. I believe it was in August, about the 1st, as well as I re¬ 
member. 

By same. When you left your brother’s where did you go next ? 
f* Answer. I went back to Adair county, and the next day came back 
and have been here ever since. 

By same. Did your wife go this last trip with you ? 

Answer. No, sir; she was dead before I made the trip last men¬ 
tioned ; I staid all night and returned next day ; this was better than 
two months since the election. 

By same. When you came back from Adair after the the first trip 
you made there where did you come to, and how long did you remain 
at the place to which you came ? 

Answer. I came back from my first trip to the old man’s, my father’s, 
and staid there about seven days, as far as I can remember now. 

By same. Where did you then go next ? 

Answer. I next went back from my father’s to Adair county. 

By same. How long did you stay in Adair on your second visit last 
mentioned? 

Answer. I staid over two months, or something like that. 

By same. Was this second trip since or before the election ? 

Answer. It was since the election. 

By same. You have stated that you staid six or seven days on your 
return from Adair with your brother ; was your wife with you during 
that stay with your brother or not ? 

Answer. She was with me twice, but not the last time ; she was 
with me the six or seven days mentioned in the question after the 
election. 

By same. Was your wife with you during the seven days you staid 
at your father’s upon your first return from Adair county, as you 
have stated ? 

Answer. We staid there, at my father’s, one or two nights, then 
went and staid at Barn Blankenship’s one or two nights, and then at 
Powell Page’s one or two nights ; this was all after the election. 

By same. You have now already stated that your return after your 
first visit to Adair was tc your father’s in one answer, to your 
brother’s in another answer, and to the same house you had before 
lived in answer to first question on that subject; now tell us which of 
those three answers are correct? 

Answer. The first night after my return from Adair the first visit 
I came to my said brother’s, and stayed all night; the next day I 
went on to my father’s, and stayed there three or four days ; I then 
went back on the ridge to Barn Blankenship’s, Billy Hays’, Powell 
Page’s, and about in the neighborhood every place, almost all in the 
Ill Will district. 

By same. In one answer you state that after your first visit to 
Adair you returned to your brother’s first in Clinton county, and 
stayed six or seven days ; you now answer that on said return to your 
brother’s you only stayed one night; which of these answers is true 
and which false ? 

Answer. The first time I returned from Adair county I returned to 


KENTUCKY CONTESTED ELECTION. 


511 


my said brother’s, and stayed six or seven days, as I first stated in 
the cross-examination. 

By same. How many trips did you make to Adair county in all ? 

Answer. I didn’t make but two me and my wife together ; I made 
one by myself. 

By same. IIow many of these trips was before the late August elec¬ 
tion ? 

Answer. We made one before the election. 

By same. What was your reason for not returning to the Howard 
house if you did not intend moving to Adair county ? 

Answer. Me and Howard sort of fell out; I rented a place from 
Jesse Alston. 

By same. Had your wife no other business the second trip only to 
see her same sister again ; if so, what other business? 

Answer. She had no other business only to see her same sister 
which she first went to see, and to let her know that we were going 
to make our home here in Clinton county, and to tell her said sister 
to still keep her child. 

By same. Had or not the child been there with your wife’s sister 
all the time after the first trip you made ? 

Answer. It had. 

By same. How long were you back from Adair before you voted ? 

Answer. Five days before the election. 

By Mr. Anderson’s attorney. After you fell out with Howard did 
you or not rent a place of Alston in the Ill Will precinct ? 

Answer. I did. 

By same. When you went to Adair and stayed two months, were 
you or not detained in Adair by reason of your wife’s sickness ? 

Answer. It was my wife’s sickness that detained me so long in 
Adair. 

By same. Had you or not rented the Alston place before you went 
to Adair the time your wife was taken sick ? 

Answer. I had rented the place to make a crop before we went to 
Adair the time she was taken sick ; we intended to come back to that 
place, but her death prevented it. 

his 

JOHN, x WESTMORELAND. 

mark 


Also the deposition of Harvey R. Ryan, taken at same time and 
place, being sworn : 

By Mr. Anderson’s attorney. Were you or not the clerk of the 
election at precinct No. 1 of Clinton county at the late August elec¬ 
tion ? 

Answer. I was. 

By same. Are you or not acquainted with Jesse Sidwell ? If so, 
did he or not vote at the late August election at the first precinct, and 
for whom did he vote for Congress ? 

Answer. I am acquainted with Jesse Sidwell ; he voted at the late 
August election at precinct No. 1, Clinton county ; he voted for Wm. 
C. Anderson for Congress. 


512 


KENTUCKY CONTESTED ELECTION. 


By same. Did you or not record his vote at the time he voted for 
W. C. Anderson for Congress ? 

Answer. I did. 

By same. Was he or not sworn before voting ? 

Answer. He was, according to my recollection. 

By same. Did he or not swear that he had lived in the precinct for 
more than 60 days before the election, and in the State for more than 
two years? Give the substance of his oath. 

Answer. He stated on his oath that he had rented a house of James 
S. Brown, which house was in precinct No. 1 of Clinton county, and 
that he had moved himself and mother into said house more than 
sixty days before the election. He further stated that a few days be¬ 
fore the election, while he was gone to mill, his mother, without his 
knowledge or consent, had left the place and taken her things with her, 
and gone back into the Ill Will district. He said when he heard that 
his mother was gone, he did not return to the house, but knocked 
about in the neighborhood, in Ill Will precinct, No. 4, where his re¬ 
lations lived. He further stated, however, that he considered that 
house his home until his time of renting was out, which he said was 
in the fall, and that he considered that place as his home. 

By same. Did or not the judges of said election take other proof, 
and then let him vote? 

Answer. They did, either before or after he voted. 

By same. Did or not said judges, one or two hours after the vote 
was recorded, direct you to strike his vote off? 

Answer. About one hour after the vote was recorded, and after the 
taking of other votes, Jesse Sid well came to the polls and requested 
that his vote might be stricken off, and by the direction of the judges 
I erased his vote from the poll-books. 

By same. Does or not said vote stand erased from the book now be¬ 
fore you ? 

Answer. I have the poll-book before me, and find his vote erased 
from Anderson's column, and all others for whom he voted. His vote 
is not counted in the addition at the foot of the column. 

By same. Had he not been living for years in Clinton county? 

Answer. He was probably raised in the county. I have seen him 
in said county for several years past. 

HARVEY R. RYAN. 

Also the deposition of William Harper, taken at the same time and 
place, to be read and used for the purposes mentioned in the caption : 

Question by Anderson's counsel. State whether or not you are ac¬ 
quainted with A. J. York ; if so, where and for whom did he vote for 
Congress at the recent August election in district No. 3 ? 

Answer. I am acquainted with him. I heard him vote ; he voted 
for Anderson for Congress. 

By same. State whether or not you were sheriff of the said election 
at that precinct, and if you did not so cry his vote. 

Answer. I was, and cried his vote for the democratic ticket through, 
except that he voted and I cried him for Anderson. 

By same. State if there was not a good deal of excitement over his 


KENTUCKY CONTESTED ELECTION. 513 

vote, and did or not that fact impress upon your memory the fact that 
he voted for Anderson ? 

Answer. There was excitement over his vote in the race for Con¬ 
gress, and that impressed upon my memory the fact that he voted, and 
that I cried his vote for Anderson. I am positive he did so vote. 

By same. Is or not his vote recorded on the poll-books for Boles and 
Hoskins both ; and were they or not both candidates for the State 
Senate, and opposed to each other ? 

Answer. T think his vote is so recorded. They were both candidates 
for the office of State senator. His vote is not recorded for Anderson. 

I think Anderson’s column was next to Hoskins’ on the poll-book. 

WILLIAM HARPER. 

State of Kentucky, Clinton County , ss: 

I, William Yann, presiding judge of the Clinton county court, it 
being a court of record, do certify that the foregoing depositions of 
P. H. Smith, Francis Irwin, B. F. Burchett, Montgomery Howard, 
J. W. Manon, W. A. Sidwell, Allen Smith, E. C. Smith, Joshua L. 
Chilton, John S. Stockton, James C. Hancock, S. W. Hunter, William 
Harper, David Wallen, John Westmoreland, Harvey R. Ryan, and 
others, all contained in the foregoing record of one hundred and nine 
pages, were taken before me on the twelfth, thirteenth, and fourteenth 
days of December, 1859, at the court-house in the town of Albany, 
Clinton county, Kentucky, to be read and used for the purpose men¬ 
tioned in the caption of the deposition of P. H. Smith, (page one), each 
of said witnesses being by me first duly sworn, testified as shown in 
their respective depositions, which were reduced to writing in my 
presence and the presence of the witnesses respectively, and read to 
them respectively in my presence, and by them respectively subscribed 
in my presence, at the time and place aforesaid. W. C. Anderson 
and James S. Chrisman were neither present. They both had agents 
and attorneys present, who represented the parties, examining and 
cross-examining the witnesses. J. E. Hays represented J. S. Chris¬ 
man, and H. S. Taylor, M. H. Owsley, and E. L. Van Winkle rep¬ 
resented W. C. Anderson. Given under my hand this December 
fourteenth, 1859. 

WILLIAM YANN, P. J. C. C. C. 

State of Kentucky, Clinton County , ss: 

I, C. P. Gray, clerk of the county court of Clinton county, do cer¬ 
tify that William Yann, whose genuine signature appears above is, 
and was at the time of signing the same, presiding judge of the Clin¬ 
ton county court, duly commissioned and qualified as such, and that 
his official acts as such are entitled to full faith and credit. Given 
under my hand and seal of office this fourteenth of December, 1859. 

C. P. GRAY, Clerk. 

laxation of costs. 


Witnesses claimed nothing. 

Sheriff’s costs, four notices.$1 00 

Forty-nine subpoenas, at twenty cents. . 9 80 

H. Mis. Doc. 11-33 




514 


KENTUCKY CONTESTED ELECTION. 


Judge’s costs, three days . $1 00 

Issuing three subpoenas, at twenty cents.. 60 

Clerk’s seal. 50 


18 90 

WM. VANN, P. J. G. G. G. 


William C. Anderson : 

Sir : You are notified I will appear before the House of Kepresent- 
atives of the Congress of the United States at their next session, and 
contest your right to a seat as a member of that body for and during 
the 36th Congress of the United States for the fourth congressional 
district of the State of Kentucky, claiming that at the election held 
in said fourth congressional district for the State of Kentucky on the 
first day of August, 1859, for member of Congress to represent said 
district for and during the 36th Congress of the United States, I 
was duly and lawfully elected, by the legal vote of the people, qualified 
to vote, to said office. Your right will be contested on the following 
grounds: 

1. A majority of the votes polled at said election between us were 
for me and against you. By a mistake made by the county board for 
examining poll-books for the county of Cumberland in said district, 
they certified to the State board a smaller number of votes for me than 
I actually got, and a larger number of votes for you than you actually 
got at said election in said county of Cumberland ; and although in 
due and proper time this mistake was corrected by an amended and 
supplemental certificate and return of the county board duly trans¬ 
mitted to the State board, the latter, in their canvass and estimate of 
the votes of said district in said election, had no regard to the said 
amended certificate, and improperly and unlawfully disregarded the 
same, when, if it had been regarded, my majority would have been 
seven votes, according to the face of the poll-books as they stand. 

2. I received a majority of the legal votes polled at said election 
between us in said congressional district. 

3. Divers votes were, by fraud or mistake of the officers of the elec¬ 
tion, recorded on the poll-books for you , when such votes had been 
actually cast for me. 

4. Divers voters who came to the polls at divers voting places in 
the district, being good voters, legally qualified and entitled to vote, 
desiring and offering to vote for me, were improperly and unlawfully 
denied by the officers of the election the right of voting, and rejected 
and unlawfully prevented from voting when they would have voted 
for me. 

5. Divers persons not qualified by law, some by reason of not having 
resided sixty days in their voting precinct next before the election, 
one year in the county, or two years in the State ; others by reason 
of not being free white male citizens over twenty-one years old, as 
required by the constitution and laws of Kentucky, at the various 









KENTUCKY CONTESTED ELECTION. 


515 


voting places in the district, and at each voting place in said district, 
were unlawfully permitted to vote for you against me in said election. 

6. Divers persons were unlawfully permitted to vote twice for 
you at the same election. Persons who voted for me were, by fraud 
or mistake, recorded for both of us. 

*1 . Persons were unlawfully permitted to vote for you who were 
disfranchised and deprived of the right of suffrage by reason of 
having been convicted of high crimes and misdemeanors. 

8. Persons who were not citizens of the United States were unlaw¬ 
fully permitted to vote for you against me in said election. 

9. Certain poll-books of said election, and particularly the poll-book 
of district No. 1, in the county of Boyle, have been fraudulently 
altered, mutilated, and changed since the election, and since they 
were certified and delivered by the officers of the election, and prior 
to the issuing of the certificate to you by the State board, whereby 
your vote was apparently increased and mine diminished. 

10. Legal voters voted for me at said election, and after their votes 
had been recorded for me their names and votes were unlawfully and 
improperly stricken from the poll-book. 

11. All the votes recorded for me at the various voting places in 
said district at said election were legal and qualified voters, and their 
vote for me rightly recorded. 

12. I object to, challenge, and insist upon striking off the following 
named persons, whose names are recorded on the poll-books of the 
various voting places in said district at said election, and for the 
reasons assigned next to the names of each, to wit: 

Ivory Thompson—Because he did not reside in the State, county, 
or precinct in which he voted, for the time required by law. 

C. Timmy, jr.—Because he is a foreigner by birth and not a citizen 
of the United States, not having been naturalized. 

Enoch Phelps—Because he was not a resident of the precinct in 
which he voted, at the time he cast his vote. 

Abraham Mounce—Because he was not twenty-one years of age at 
the time he voted. 

Joseph Wallen, jr.—Because he was not twenty-one years of age at 
the time he voted. 

W. M. Adams—Because he did not reside in the county or precinct 
at which he voted, when his vote was cast. 

Wm. Gibson—Because he did not reside in the State, county, or 
precinct in which he voted, for the time required by law. 

W. F.- alias Frank Patterson—Because of the same reasons as 
last above stated. 

E. McNair—Because of the same reasons as last above stated. 

Kichard Burnett—Because of the same reasons as last above stated. 

Wm. Mounce—Because of the same reasons as last above stated. 

Peter Waddle—Because he was not twenty-one years old at the 
time he voted. 

Randolph Meridith—Because he was not a resident of the State, 
county, or precinct in which he voted, for the time required by law. 

A. L. McGhee —Because of the same reasons as last above stated. 

R. Phelps—Because of the same reasons as last above stated. 


516 


KENTUCKY CONTESTED ELECTION. 


Tyre Turpen—Because of the same reasons as last above stated. 

A. E. Massey—Because he was not twenty-one years of age at the 
time he voted. 

James Massy—Because of the same reason as last above stated. 

William Davis—Because he was not a resident of the State, county, 
or precinct in which he voted, for the time required by law. 

John Fenston—Because of the same reasons last above stated. 

Benjamin F. Taylor—Because of the same reasons last above stated. 

Bales Baugh—Because he was not twenty-one years old at the time 
he voted. 

Nelson Davis—Because he was not a resident or citizen of the State, 
county, or district in which he voted, for the period of time required 
by law. 

James Lowe—Because he was not twenty-one years of age at the 
time he voted. 

David Lowe—Because of the same reason as last above stated. 

William Massengal—Because he was not twenty-one years of age 
at the time he voted. 

William Crabtree—Because he was not a resident of the State, 
county, or precinct in which he voted, for the time required by law. 

Shadrack Blevins—Because he was not a resident of the State, 
county, or precinct in which he voted, for the time required by law. 

Joseph Roberts—Because he was not twenty-one years of age at the 
time he voted. 

Isaac Harden—Because he was not a resident of the State, county, 
or precinct at which he voted, for the period of time required by law. 

Elijah Spradlen—Because of the reasons last above stated. 

Harden Stevens—Because he was not twenty-one years of age at the 
time he voted. 

George Sumpter—Because he was not a resident of the State, county, 
or precinct in which he voted, for the period of time required by law. 

John Horton—Because ot the same reasons last above stated. 

Carey Abner—Because of the same reasons last above stated. 

Bartholomew Lawson—Because of the same reasons last above 
stated. 

James Lawson—Because of the same reasons last above stated. 

John Rollens—Because he was not twenty-one years of age at the 
time he voted. 

J. H. D. Floyd—Because of the same reason last above stated. 

Simeon Marcum—Because he did not reside in the State, county, or 
district in which he voted, for the time required by law. 

P. II. Clark—Because he is not a free white man, is of mixed blood, 
being at least one-fourth of African or negro blood. 

S. W. Hunter—Because he was not a resident of the State, county, 
or district in which he voted, for the period of time required by law. 

Lewis Gwinn—Because of the same reasons last above stated. 

George Westmoreland—Because of the same reasons last above 
stated. 

John Westmoreland—Because of the same reasons last above stated. 

Anderson Maynard—Because of the same reasons last above named. 

James C. Hancock—Because of the same reasons last above stated. 


KENTUCKY CONTESTED ELECTION. 


517 


Joseph C. Pace—Because of the same reasons last above stated. 

Thomas Rhodesmend Because of the same reasons last above 
named. 

John Hardeson—Because he was not twenty-one years of age at the 
time he voted. 

Thomas A. Vaughn—Because he was convicted, sentenced to and 
confined in the Kentucky penitentiary for larceny, by the judgment of 
the circuit court of Cumberland county in 1856, and thereby dis¬ 
franchised. 

Joseph Brummett—Because he was not twenty-one years of a^e 
when he voted. 

James M. Cloyd—Because he was not a resident of the State, county, 
or precinct in which he voted, for the time required by law. 

James Brummett—Because of the reasons last above stated. 

G. F. Dowell—Because he was not twenty-one years of age, and 
not a resident of the State, county, or precinct in which he voted, for 
the period of time required by law. 

J. M. Glidewell—Because he was not a resident of the State, county, 
or precinct in which he voted, for the time required by law. 

Burton Smith—Because of the same reasons last above stated. 

William Sevier—Because he was not twenty-one years old when he 
voted. 

Thomas Roy—Because he was not twenty-one years old when he 
voted. 

William Wright—Because he was not a resident of the county or 
district in which he voted. 

Jesse Dulley—Because he lives, and at the time he voted did live, 
in Barren county, not in the district; and because he voted both in 
the Elliott precinct, in Cumberland, and at “ Harmony,” in Adair. 

Wiley Summers—Because he was not twenty-one years of age at 
the time he voted. 

James B. Elder—Because he was not a resident of the State, county 
or precinct in which he voted, for the time required by law. 

William Bacon—Because of the same reasons last above stated. 

R. W. Stephenson—Because of the same reasons last above stated. 

George Beddow—Because of the same reasons last above stated. 

Samuel D. Barnet—Because of the same reasons last above stated. 

James Patton—Because of the same reasons last above stated. 

Joseph McNull—Because of the same reasons last above stated. 

James Bless—Because of the same reasons last above stated. 

Alexander Martin—Because of the same reasons last above stated. 

Pink Grady—Because he was not twenty-one years of age at the 
time he voted. 

B. F. White—Because of the same reason last above stated. 

Isaac Graham—Because he was not a resident of the State, county, 
or district in which he voted, for the period of time required by law. 

R. Mary—Because of the same reasons last above stated. 

Charles King—Because of the same reasons last above stated. 

William Tuggle—Because of the same reasons last above stated. 

H. L. Carpenter—Because of the same reasons last above stated. 

A. J. Reynolds—Because of the same reasons last above named. 


518 


KENTUCKY CONTESTED ELECTION. 


Joseph Williams—Because of the same reasons last above named. 

A. F. Merriman—Because of the same reasons last above named. 

G. W. Nelson—Because of the same reasons last above named. 

J. H. Crancli—Because of the same reasons last above named ; and 
because he was convicted, sentenced, and confined in the penitentiary 
of Tennessee for felony, and thereby disfranchised. 

James W. Banks—Because he was not a citizen of the State, county, 
or precinct in which he voted, for the time required by law. 

James Nell—Because he was not a resident of the State, county, or 
precinct in which he voted, for the time required by law. 

James P. Wright—Because of the same reasons last above named. 

A. B. Cox—Because of a total absence of every qualification re¬ 
quired by law. 

William S. Matthews—Because he was not a resident of the county 
or precinct at which he voted, for the time required by law. 

Francis Wright—Because he was not twenty-one years of age when 
he voted. 

William Rakes—Because he was not a resident of the State, county, 
or precinct in which he voted, for the time required by law. 

William T. Martin—Because of the same reasons last above stated. 

Robert Buchanan—Because of the same reasons last above stated. 

John Griffin—Because of the same reasons last above stated. 

Elisha Berry—Because of the same reasons last above stated. 

W. A. Wood—Because of the same reasons last above stated. 

Preston Satterfield—Because he was not twenty-one years of age 
at the time he voted. 

Stephen Wilson—Because of the same reason last above stated. 

Jesse Wright—Because he was not a resident of the State, county, 
or precinct in which he voted, for the period of time required by law. 

William Collins—Because of the same reasons last above named. 

Nathan Lawhorn—Because he was convicted, sentenced, and con¬ 
fined in the Kentucky penitentiary for felony, and thereby disfran¬ 
chised. 

G. M. Brown—Because he was not twenty-one years of age when 
he voted. 

T. W. Lukins, alias Lumpkins—Because of the same reasons last 
above assigned. 

T. R. Tucker—Because he was not a resident of the State, county, 
or precinct in which he voted for the time required by law. 

_ V. P. Moore—This voter voted for me ; but, by mistake of the clerk, 
bis vote was recorded for both of us. I shall claim that his vote be 
counted for me, and erased from your poll. 

The following persons voted for me, and their votes so cried by the 
sheriff, but the clerk omitted to record them for me: 

William Davis, Jackson D. Richardson, William R. Cumbass. I 
shall claim that their names be added to the list of persons voting for 
me. 

Wiley Turner—I shall also claim that the vote of Wiley Turner be 
added to the list of those voting for me, because, after he had so voted, 
the judges and clerk of the district at which he voted, erased his name 
and vote without just reason ; he being a legal voter. 


KENTUCKY CONTESTED ELECTION. 


519 


Anderson Hare—I shall also claim that the vote of Anderson Hare 
be counted for me, he having offered and demanded to vote for me, 
but was refused by the judges without good reason, he being a legal 
voter. 

I shall also object to, challenge, and insist upon striking off the 
votes of the following other persons whose names are recorded on the 
poll-books of the various precincts in said district at said election, 
and for the reasons assigned next to the names of each, to wit: 

. John Surcy—Because he did not reside in the State, county, or pre¬ 
cinct in which he voted for the time required by law. 

William Beasley—Because he did not reside in the State, county, 
or precinct in which he voted, for the time required by law. 

George Tate—Because of the same reasons last above stated. 

Benj. Bruner—Because of the same reasons last above stated. 

George N. McNeil—Because of the same reasons last above stated. 

C. C. McClure—Because of the same reasons last above stated. 

James T. Haley—Because of the same reasons last above named. 

E. Preston—Because of the same reasons last above named. 

Zachariah Price—Because of the same reasons last above named, 
and because he was not twenty-one years of age when he voted. 

Edward Jones—Because he is an idiot and incapable of voting. 

George D. Masonheimer—Because he did not reside in the county 
or precinct in which he voted, for the time required by law. 

Lee Yager—Because of the same reasons last above named. 

I shall also claim and insist that the votes of the following named 
persons, who are recorded as having voted for you , be counted for 
me , and added to my 'poll , because in fact they voted for me, and by 
mistake of the clerk or otherwise they are made on the poll-books to 
vote for you, viz : 

Nelson Pendergaft, Nat. Harmon, Geo. W. Crane, George Jones, 
Samuel Leffew. 

I shall also object to and insist upon rejecting the poll-books and 
all the votes recorded at the Ireland precinct in the county of Taylor, 
because the officers of said election, who conducted and held the same, 
nor either of them, were sworn according to law, nor was the said 
poll-book certified by the officers as required by law. 

I shall also object to and insist upon rejecting the poll-book and all 
the votes given at the 7th district in the county of Wayne, for the 
same reasons as last above assigned. 

JAMES S. CHRISMAN. 

Danville, September 19, 1859. 


State of Kentucky, to wit : 

The undersigned, Wm. R. Taylor, states that he delivered to Wil¬ 
liam C. Anderson, the person to whom the within and foregoing 
notice is addressed, a true copy of the said notice on the 20th day of 
September, 1859. 

W. R. TAYLOR, 31. T. D. 


520 


KENTUCKY CONTESTED ELECTION. 


Sworn to by the above-named subscriber before me, clerk of the 
Boyle county court, this 20th September, 1859. 

JAMES F. ZIMMERMAN, G. B . C. C. 


James S. Chrisman: 

Sir: I have received a paper purporting to be a notice contesting 
my right to a seat in the 36th Congress of the United States from the 
fourth district of Kentucky. You are notified that I shall object to 
the said notice, and ask for its quashal upon the following grounds: 

First. It does not give the residence of the voter who is challenged. 

Second. It does not give the county or precinct in which the vote 
was cast. 

Third. It does not state particularly the grounds upon which you 
rest the contest, as required by the act of Congress. 

In response to paragraph No. 1 in your pretended notice, I deny 
that the majority of the votes polled at the August election, 1859, 
were given for you. 

I deny that, by a mistake made by the county board of Cumberland 
county, you received a smaller number of votes than were really cast 
for you, and I a larger number than were cast for me. I state the 
facts to be as follows: The poll-books of Cumberland county were 
certified, (although some of them illegally, of which I shall speak 
hereafter,) sealed, and delivered as required by the law entitled 
i 1 Elections, ’ 1 Revised Statutes of the State of Kentucky , pages 283 to 303, 
inclusive. The said poll-books were opened at the time required by 
law, and by the proper officers, and certificates of the votes cast were 
duly transmitted to the State board at Frankfort, and upon a compari¬ 
son of the vote sent the said State board, upon all the returns sent in, 
according to law, at the proper time, awarded me the certificate of 
election. Before the said certificate was granted the result was pub¬ 
lished in the public newspapers, by which I received a majority of three 
votes, and so soon as said publications were made, it was pretended 
that a mistake of ten votes had been made against you at the Kettle 
Creek precinct, in Cumberland county. It is true that an amended 
certificate, signed by only two of the examiners of Cumberland county, 
was sent to the State board at Frankfort, and they refused to receive 
the same, upon the ground that the county board had no right to re¬ 
assemble after the time fixed by law, and amend a certificate once 
transmitted and made out at the proper time; they were, to all intents 
and purposes, functus officio. Before, however, the amended return 
was sent from Cumberland county, a mistake, to my prejudice, of 
four votes, was discovered on the poll-books of Boyle county, and an 
amended return, stating this fact, transmitted by the county board of 
Boyle to the State board at Frankfort; and when this fact was made 
public in the district that such an amendment had been sent, nearly 
every democrat in the community, and yourself included, stated that 
it would be a gross outrage for the State board to receive additional 



KENTUCKY CONTESTED ELECTION. 


521 


returns after the official vote had once been sent in. It was then 
supposed that the vote between us was a tie; and by the laws of Ken¬ 
tucky in such cases, the casting of lots was required, and your chances 
for an election would have been equal with my own. When you and 
your friends, however, heard of this pretended mistake in Cumber¬ 
land, you shifted positions, and contended that the board ought to 
receive amended returns. “The case being altered, altered the case.” 
I contend that the State board at Frankfort acted lawfully and prop¬ 
erly, and I refer you to their published statement, signed by the gov¬ 
ernor, secretary of State, and attorney general of Kentucky. 

I do not know, and do not admit, that the mistake that you com¬ 
plain of occurred. It may be true, according to the books as they 
now stand, that such a mistake was made, but it is exceedingly strange 
that the mistake was not discovered for nearly two weeks after the 
comparison of the polls, and that comparison, too, made in the pres¬ 
ence of a number of your friends, who aided in the addition of the 
books, and also after it was ascertained from the returns sent in that 
I was elected by a majority of three votes. If, however, the mistake 
really did occur, I notify you that mistakes of a similar character, and 
others of a different character, were made against me, of which I will 
speak more particularly hereafter. I deny the charges made in para¬ 
graph No. 1 of your pretended notice. 

I deny the charges in paragraphs 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 
12 of your said notice. 

I deny that the persons you have named as voting for me were il¬ 
legal voters, as I will make fully to appear by the proof in proper 
time. 

I shall, upon the trial of the contest, challenge and insist upon strik¬ 
ing off the votes of the following named persons, recorded on the poll- 
books at various precincts in the district, and for the reasons set forth 
next to the name of each: 

1. Henry M. Antle or Antell—who voted in White Oak district, in 
Adair county; because he lived in the county of Russell. 

2. R. M. Barnard—who voted at White Oak district, in Adair 
county; because he had not been in the county, State, or precinct for 
the time required by law. 

3. George Simpson—who voted at White Oak district, in Adair 
county; for the same reasons as above. 

4. Ben. F. Allan—who voted at the Neatsville district, in Adair 
county; because he was a resident of and lived in the White Oak 
precinct. 

5. Milton Polly—who voted at White Oak precinct, in Adair 
county; because he lived in the Harmony precinct. 

6. Elijah Leach—who voted at White Oak precinct, in Adair 
county; because he was not a resident of said precinct for the term 
required by law. 

7. James B. Royse—who voted at the Columbia precinct, in Adair 
county; because he lived at the time at Haysville, in Marion county. 

8. William P. Royse—who voted at the Columbia precinct, in 
Adair county; for the same reason as above. 


522 


KENTUCKY CONTESTED ELECTION. 


9. James Rayner—who voted at the Gradyville precinct, in Adair 
county; because he was not a resident of said precinct. 

10. Wm. Woodard—who voted at the Gradyville district, in Adair 
county; because he was not a resident of the county or precinct in 
which he voted for the time required by law. 

11. George Green—who voted at the Harmony district, in Adair 
county; because he ivas under twenty-one years of age. 

12. James Jones—who voted at Neatsville district, in Adair county ; 
or the same reason as above. 

13. Jonathan McElroy—who voted at Harmony district, in Adair 
county; because he was not a resident of the county or precinct in 
which he voted for the time required. 

14. George D. Redman—who voted at the White Oak district, in 
Adair county; because he was not twenty-one years of age. 

15. William alias Peter Walkup—who voted at the White Oak 
district, in Adair county; because he was not a resident of said 
district for the time required by law, and in fact was a resident of 
the Harmony district. 

16. I. N. Yaughn—who voted at the same place as above, and for 
the same reason as above. 

17. Samuel Yier—who voted at Columbia district, in Adair county; 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

18. William Yier—who voted at the same place as above, and 
because of the same reasons as above. 

19. Joshua Prewitt—who voted at the White Oak district in 
Adair county; because he was a resident of Neatsville district, and 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

20. Irvine Keaton—who voted at the Harmony district, in Adair 
county; because he was not a resident of the county or district in 
which he voted for the time required by law; in fact, he was a resi¬ 
dent of the county of Cumberland. 

21. Nathaniel Wade—who voted at Grady ville precinct, in Adair 
county; because he was not twenty-one years of age. 

22. William J. Cooley—who voted at the Neatsville district, in 
Adair county; because he was not a resident of said district for the 
time required by law. 

23. William Bryant—who voted at same place as above, and 
because of same reason as above. 

24. Morgan Simpson, alias R. W. Simpson—who voted at Neats¬ 
ville, in Adair county; because he was not twenty-one years of age. 

1. Nicholas Walter or Walters—who voted at district No. 3, in 
Boyle county; because he was not a resident of the county or pre¬ 
cinct in which he voted for the time required by law. 

2. A. G. Talbott, jr.—who voted at precinct No. 4, Boyle county; 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

3. Charles Yoss—who voted at district No. 4, Boyle county ; 
because of the same reasons as last above named. 


KENTUCKY CONTESTED ELECTION. 


523 


4. M illiam Crow—who voted at district No. 3, Boyle county ; for 
the same reason as last above named. 

5. C. P. Springer—who voted at district No. 3, in Boyle county; 
because he was not a resident of the county or precinct in which he 
voted, and for the time required by law. 

G. A. Fulkerson, jr.—who voted at district No. 2, in Boyle county; 
because of the same reason as last above named. 

i. James Owens—who voted at district No. 3, in Boyle county; 
because of the same reason as last above named. 

8. Garrett Lane—who voted at district No. 3, in Boyle county; 
because of the same reason as last above named. 

9. Henry White—who voted at district No. 3, in Boyle county; 
because of the same reason as last above named. 

10. Abel Beeves—who voted at precinct No. 3, in Boyle county; 
because of the same reason as last above named. 

11. Samuel Goode—who voted in district No. 1, of Boyle county; 
because of the same reason as last above named. 

12. James Brennan—who voted in district No. 1, of Boyle county; 
because he is a foreigner, and not a citizen of the United States. 

13. John Haggin—who voted at district No. 2, of Boyle county; 
because of the same reasons as the last above named. 

14. William Staley—who voted at same place ; because of same 
reason as last above named. 

15. Michael Malio—who voted at same place, and because of same 
reasons as last above named. 

16. Patrick Conley—who voted at same place, and because of 
same reason as last above named. 

17. Frank O’Neal—who voted at district No. 4, of Boyle county, 
and because of same reason as last above named. 

18. James Fitzsimmons—who voted at same place; because of 
same reason as last above named. 

19. Hearn Gee—who voted in district No. 1, in Boyle county; 
because he is an idiot. 

1. James F. Alstott, alias Fletcher Alstott—who voted at Bolling 
Fork precinct, in Casey county ; because he was not twenty-one 
years of age. 

2. Michael McCarty—who voted at same place as last above named; 
because he was a foreigner, and not a citizen of the United States. 

3. Isaac Boaten—who voted at Liberty precinct, in Casey county; 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

4. James Wilson—who voted at Liberty precinct, in Casey county; 
because of the same reasons as last above named. 

5. J. E. King—who voted at the Jenkins district, in Casey county; 
because he was not 21 years of age. 

G. John Henry Bryant—who voted at the Bolling Fork precinct, in 
Casey county; because he was indicted, convicted, and sentenced to 
the penitentiary from said county for felony, and served his time out 
in the penitentiary, and was thereby legally disfranchised. 


524 


KENTUCKY CONTESTED ELECTION. 


7. Martin B. Blevins—who voted at the Tate district, in Casey 
county; because he was not a resident of said district for the time 
required by law; he was, in fact, a resident of the Jenkins district.. 

8. Commodore Minor—who voted at the Bolling Fork precinct, in 
Casey county; because he had, before the election, removed to Marion 
county, and was not a resident of the county in which he voted. 

1. Thomas Stockton—who voted in district No. 4, Clinton county; 
because he was not a resident in the State, county, or precinct in 
which he voted for the time required by law. 

2. James Johnson, jr.—who voted in district No. 1, Clinton county; 
because he resided in district No. 4 of said county. 

3. John Lemans—who voted in district No. 3, Clinton county; 
because he was under 21 years of age. 

4. John Hughes—who voted at district No. 2, Clinton county; 
because of the same reason as last above named. 

5. Elijah Brown—who voted in district No. 5, same county, and 
for the same reason as last above named. 

6. John Guthrie—who voted in district No. 1, Clinton county; 
because he lived at the time in district No. 3 of said county. 

7. S. J. Vance—who voted in district No. 5, Clinton county; 
because he lived at the time in district No. 4 of said county. 

8. Joshua Birdwell—who voted in district No. 2, Clinton county; 
because he lived in district No. 1 of said county. 

9. George Wilkerson—who voted in district No. 2, Clinton county; 
because he was a foreigner, and not a citizen of the United States. 

10. John Travis—who voted at same place as last above named, 
and because of same reasons. 

11. David Gwinn—who voted at the Albany district, Clinton 
county; because he lived at the time in the Hays district of said 
county. 

12. James Hare—who voted in district No. 3, Clinton county; 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

13. Calvin Givens—who voted at the Albany district, Clinton 
county; because he is non compos mentis , or, in other words, an idiot. 

14. Frederick Greir—who voted at the Piney Woods district, 
Clinton county; because he is a foreigner, and not a citizen of the 
United States. 

1. Samuel Sparks—who voted at Burksville precinct, Cumberland 
county; because he was not a resident of the State, county, or pre¬ 
cinct in which he voted for the time required by law. 

2. James H. Bird—who voted at same place, and for same reasons 
as last above named. 

3. Henry Smith—who voted at same place, and for same reasons 
as last above named. 

4. John Niel—who voted at same place, and for same reasons as 
last above named. 

5. Ben. Farmer—who voted at same place, and for same reasons 
as last above named. 


KENTUCKY CONTESTED ELECTION. 


525 


6. (t. J. 1 urkin—who voted at same place, and for same reasons 
as last above named, and because he lived at the time in the Elliott 
district of said county. 

7. John Wright—who voted at same place, and because he was 
not a resident of the State, county, or precinct in which he voted for 
the time required by law. 

8. J. W. Poulsen—who voted at Kettle Creek precinct, Cumber¬ 
land county; because of the same reasons as last above named. 

9. Jacob Dulworth—who voted at same place, and for same reasons 
as last above named. 

10. A. J. Wilkerson—who voted at Whetstone district, Cumber¬ 
land county; because he resided at the time in Adair county. 

11. John Cooksey—who voted at same place; because he resided 
at the time in Clinton county. 

12. John Johnson—who voted at the Kettle Creek precinct, Cum¬ 
berland county; because he was not 21 years of age. 

13. Henry Givens—who voted at the Whetstone precinct, Cum¬ 
berland county; because he had not been a resident of the State, 
county, or precinct in which he voted for the time required by law. 

14. James Smith—who voted at the Kettle Creek precinct, Cum¬ 
berland county; because he had not been in the State or county the 
time required by law, and because he was at the time a resident of 
Tennessee. 

15. Alfred Scott—who voted at same place, and for same reasons 
as last above named. 

16. John Powell—who voted at the Elliott district, same county; 
because he was not a resident of the State, county, or district in 
which he voted for the time required by law. 

17. Humphrey Krider or Crider—who voted at the Elliott district, 
Cumberland county; because he was not 21 years of age. 

1. Sam. Powell—who voted at Stanford, Lincoln county; because 
he was not a resident of the State, county, or precinct in which he 
voted for the time required by law. 

2. John Severance, jr.—who voted at Crab Orchard precinct, 
Lincoln county; because he was not at the time a resident of the 
county or precinct in which he voted. 

3. Stephen Blankenship—who voted at same place as last above 
named; because he was at the time a resident of the Walnut Flat 
district. 

4. J. T. Waterhouse—who voted at same place as last above 
named; because he had not been a resident of the State, county, or 
precinct in which he voted for the time required by law. 

5. G. Payne—who voted at Crab Orchard precinct, Lincoln county; 
because of the same reasons as last above named. 

6. Wesley Davis—who voted at same place, and because of same 
reasons as last above named. 

7. Stout Higgins—who voted at the Walnut Flat precinct, in Lin¬ 
coln county; because he had lost his citizenship in said district, and 
because he had not been in the State, county, or district in which he 
voted for the time required by law. 


526 


KENTUCKY CONTESTED ELECTION. 


8. William Sylar—who voted at Waynesburg, in Lincoln county ; 
because he was not a resident of the State, county, or precinct in 
which he voted for the time required by law. 

9. James Stout—who voted at same place, and because of same rea¬ 
sons as last above named. 

10. Zach. Cook—who voted at same place, and because of same 
reasons as last above named. 

11. Levi Cotton—who voted at Turnersville precinct, in Lincoln 
county; because he was not a resident of said precinct, and because 
at the time he actually lived in Casey county. 

12. Cornelius Campbell—who voted at Hustonville, in Lincoln 
county; because he was a foreigner, and not a citizen of the United 
States, and not a resident of the State, county, or precinct in which 
he voted for the time required by law. 

13. John Sherron or Sherrondon—who voted at same precinct as 
last above named; because he was not 21 years of age. 

14. Charles McWilliams—who voted at same precinct as last above 
named; because he was not a resident of the county or precinct in 
which he voted for the time required by law, and because he was at 
the time a resident of Fayette county, Kentucky. 

15. Adam Petree—who voted at Crab Orchard, in Lincoln county; 
because he was not 21 years of age. 

16. Jesse Haythe—who voted at Waynesburg, in Lincoln county; 
because he had, before the election, removed to Rockcastle county, 
and was not a resident of the precinct in which he voted. 

1. S. E. Reed—who voted at Creelsboro’ district, in Russell county; 
because he had not been in the State, county, or precinct the time 
required by law. 

2. James M. Luster—who voted at same place; because of same 
reasons as last above named. 

3. Silas alias Cyrus Collins—w T ho voted at same place, and because 
of same reasons as last above named. 

4. Albert McDowell—who voted at precinct No. 1, in Russell county; 
because he was at the time a resident of precinct No. 2, in said 
county. 

5. William Sharp—who voted in Jamestowm precinct, in Russell 
county; because he was not at the time a resident of said precinct. 

6. Elijah Low—who voted at Wolf Creek precinct, in Russell county; 
because he had not been a resident of the State, county, or pre¬ 
cinct for the time required by law. 

7. Lindsey Brummett—who voted at Lairsville precinct, in Russell 
county; because he lived at the time in Clinton county. 

8. James P. Miller—who voted at Creelsboro’, in Russell county; 
because at the time he was a resident of Adair county. The acts of 
the general assembly of the State of Kentucky for 1825, make the 
house in which said Miller resides in Adair county.—(See pages 40 
and 41.) 

9. Allen Bybee—who voted at Creelsboro’, in Russell county; be¬ 
cause he was .A the time a resident of Clinton county. 


KENTUCKY CONTESTED ELECTION. 


527 


1. William Redding—who voted at Saloma precinct, in Taylor 
county; because lie had not been a resident of the State, county, or 
precinct the time required by law, and because he refused to be 
sworn. 

2. William Sullivan, jr.—who voted at same place, and for the first 
reason last above named. 

3. James H. Ratliffe—who voted at the Little Pinchem district, in 
Taylor county; because of the same reason last above named. 

4. Frank Rhodes—who voted at Mannsville district, in Taylor 
county: because he was not 21 years of age. 

5. Marion Peterson—who voted at Campbellsville precinct, in Tay¬ 
lor county; because he had not been a resident of the State, county, 
or precinct for the time required by law. 

6. Milton Simpson—who voted at Little Pinchem precinct, in Tay¬ 
lor county; because of the same reasons as last above named. 

7. Henry Shaffner—who voted at same place last above named } 
because he was not 21 years of age. 

I deny that William Davis, and Jackson D. Richardson, and Wm. 
R. Cumbass, voted for you, and were so cried by the sheriff, and that 
the clerk omitted to record them for you ; but I state that the same 
were properly recorded. 

I deny that the judges and clerks of the election at the district in 
which Wiley Turner voted, erased his name and vote without just 
reason. 

I deny that the judges, without good reason, refused to receive the 
vote of Anderson Hare. 

I deny that upon the poll-books the names of Nat. Harmon, Geo. 
W. Crane, and Samuel Leifien are recorded for me; but they voted 
and are recorded for you. The vote of Nelson Pendegraft is recorded 
for me, and I state that he so voted, and that his vote was so recorded 
by the clerk at the time. 

I deny that George Jones voted for you. I state that he voted for 
me at the polls, and was so recorded. 

I deny that the poll-book of the Ireland precinct, in Taylor county, 
is improperly certified; and also deny that the officers of said precinct 
were not sworn according to law. 

I also deny that the poll-book of district No. 7, in Wayne county, 
was improperly and illegally certified. 

You are hereby notified that I shall object to, and insist upon re¬ 
jecting, the poll-book, and the votes therein recorded, of the Casey 
Creek precinct, in Casey county, because there is no certificate what¬ 
ever upon said book. At said precinct the vote stood, Anderson, 49f 
Chrisman, 95. 

I shall also object to, and insist upon rejecting, the poll-book, and 
the votes thereon recorded, of the Harmony district, in Adair county, 
because the same is not certified as required by law. At said precinct 
the vote stood, Anderson, 37; Chrisman, 230. 

I shall also object to, and insist upon rejecting, the poll-book, and 
the votes thereon recorded, of the Mannsville district, in laylor 
county, because the same was not certified as required by law. 


528 


KENTUCKY CONTESTED ELECTION. 


I shall also object to, and insist upon rejecting, the poll-book, and 
the votes thereon recorded, of Whetstone precinct, in Cumberland 
county, because the same was not certified as required by law. 

I shall also object to, and insist upon rejecting, the poll-books of 
all the precincts in Wayne county, because they were never sealed 
up and delivered to the clerk as required by law; and if so delivered, 
were broken open before the time fixed by law. And also, because 
the said poll-books were in your possession, and inspected by you and 
your political friends, before the day fixed for the comparison of the 
polls. 

I shall object to, and insist upon rejecting, all the poll-books of 
Taylor county, because the same were not sealed and delivered accord¬ 
ing to law; and if so sealed and delivered, the seals were broken and 
the books opened before the day fixed by law for the comparison. 

I shall also object to, and insist upon rejecting, all the poll-books of 
Green county, because the same were not certified, sealed, and 
delivered according to law; and if so certified, sealed, and delivered, 
the seals were broken open on Tuesday night next after the election, 
(by your democratic friends,) and before the comparison. 

I shall insist upon counting in my favor the following votes, which 
were cast for me, and omitted to be recorded by the clerk : 

Richard Pendegraft—who voted at district No. 1, Boyle county. 

Henson Pendegraft—who voted at the same place. 

David Wells—who voted at Burksville precinct, Cumberland county. 

Bethel Compton alias B. Compton—who voted at Gradyville pre¬ 
cinct, in Adair county. 

A. J. York—who voted at district No. 3, in Clinton county. His 
name is recorded for Wm. A. Hoskins, a candidate for the State 
senate, instead of for Anderson for Congress—his name being recorded 
for Hoskins and Boles, who were both candidates for the senate. 

1 shall insist upon striking from your poll, and adding to my own. 
the vote of— 

J. T. Reynolds—who voted in district No. 3, in Boyle county. He 
voted for me, and his vote, by mistake of the clerk, is recorded for you. 

James Janes—who voted at Gradyville precinct, in Adair county. 
He voted for me, and his vote, by mistake of the clerk, was recorded 
for you. 

Cyrus Judd—who voted at the White Oak district, in Adair county. 
He voted for me, and his vote, by mistake of the clerk, was recorded 
for you. 

I shall insist upon striking from your poll the vote of— 

Samuel M. Baker—who voted at Columbia, in Adair county. He 
voted for me, and his vote, by mistake of the clerk, was recorded for 
you and me both. 

M. Rhyne, F. L. Thomas, A. Polston, Ben. Austin, J. C. Williams, 
J. C. CundifF, W. S. Baldock, W. J. Jones, Bird Russell, J. Abshear— 
all of whom voted at the Tate precinct, in Casey county, and their 
votes are recorded for you and me both, when they all voted for me. 

William Curry—who voted at Columbia, in Adair county. He 


KENTUCKY CONTESTED ELECTION. 529 

voted for me, and his vote, by mistake of the clerk, was recorded for 
you. 

I shall insist upon adding to ray poll the names of the following 
voters, who were legal voters, and offered to vote, and were impro¬ 
perly and illegally rejected by the judges of election : 

Charles B. Kirkland—who offered to vote at precinct No. 1, in 
Boyle county. 

B. W . Moss—who offered to vote at precinct No. 2, in Boyle countv. 

Isaac F. Keys—who offered to vote at Greensburg, in Green county. 

I shall also insist upon excluding the votes of the following named 
persons, who were permitted to vote after the time fixed by law for 
closing the polls, and after the polls had closed: 

Frank Delaney—who voted at Crab Orchard precinct, in Lincoln 
county. 

William Griffin—who voted at same place. 

John Shelton, alias Chilton—who voted at Jamestown precinct, in 
Russell county. 

I shall insist upon adding to my poll the votes of the following 
named persons, who voted for me, and were so recorded, and their 
votes stricken from the books by the judges of election, after said 
voters had left the polls, and were not recalled, and without their 
consent or approbation: 

Archibald Sidwell—who voted in district No. 4, Clinton county. 

Jesse Sidwell—who voted in district No. 1, same county. 

W. A. Ellis—who voted at district No. 4, same county. 

I shall insist upon rejecting the third page of the polhbook of pre¬ 
cinct No. 5, in Russell county, because the same was not signed by 
the clerk as required by law; on that page the vote stood, Chrisman, 
18; Anderson, 9, 

1 shall also insist upon striking from your poll the vote of Wm. R. 
Bowman* alias “Win. Bowman/’ \vho voted in district No. 2, Boyle 
county, because; said Bowman gave no vote in the congressional race, 
•and by mistake of the clerk, his vote has been recorded for you, 

I shall also insist on striking from your poll the vote of—- 

G\ Iff. Vaught—who voted at the Somerset district, in Pulaski 
‘cotonty; because the vote of the said Vaught was recorded, by mistake 
<oif the clerk, for you and myself both, when he voted for me. 

I shall also insist upon rejecting the poll-book, and the votes thereon 
recorded, of the Bent district, in Pulaski county, because three of the 
officers who held the election in said district were of the same politics 
with yourself, and opposed to me in politics; when, by the laws ot 
Kentucky, there should have been an equal division of officers if they 
could be found in the district; and I allege that there were enough 
voters residing in the district who agreed with me in politics to 
have filled said offices. I state that Joseph Randall, a judge; Greenup 
Mcese, sheriff; and Willis J. Stogsdell, clerk of said district, are all 
democrats, and agree with you in politics, held said election at said 
district, and at the district the vote stood, Chrisman, G8, and Ander¬ 
son, 2. iii 

I shall also insist that the vote of Frank Harrison, who voted at the 

H. Mis. Doc. 11-34 


530 


KENTUCKY CONTESTED ELECTION. 


Somerset precinct, in Pulaski county, be so changed as to give his 
vote to me alone. By a mistake of the clerk, he is put down as having 
voted for me and you both, when he voted for me alone. 

You claim that at the Kettle Creek precinct, in Cumberland county, 
that a mistake of ten votes was made to your prejudice. If you re¬ 
ceive the benefit of such pretended mistake, and I deny that such a 
mistake was made, I shall claim that the whole vote of Kettle Creek 
precinct be rejected; because the vote of said precinct, or a large 
portion thereof, was recorded by one C. C. Hughes, who was not the 
clerk of said election, and had no authority to act as such. 

I also claim that my actual majority from the county of Boyle was 
490 votes, when, according to the returns sent to Frankfort, it was 
486, and so counted in the returns. 

In the account sent to Frankfort from the county of Adair, the 
majority against me was 550, when the actual majority was only 549. 

There are other mistakes to my prejudice, as I will show by the 
proof. According to the laws of Kentucky, voting has to be done viva 
voce , and clerks of elections may, and actually do, make mistakes, and 
many have been mnde to my prejudice. The democracy regard every¬ 
thing fair in politics, and after you have been defeated you ought to 
have submitted. Because frauds have been heretofore perpetrated 
by your party in elections, and men defeated when they were fairly 
elected, is no reason that you should now claim my seat. I therefore 
say you cannot chisel me out of my seat, to which I am fairly and 
honestly elected. 

The treasury at Washington is empty, and will doubtless be if 
Buchanan democracy is continued in power. I am informed, and 
shall insist upon, and expect to prove, that you have said that you 
did not desire to contest my seat, but some of your party forced you 
to do it; but even if defeated in Congress, you would get the mileage 
and compensation anyhow. 

1. John Ping—who voted at the Dallas district, in Pulaski county ; 
because he had not been a resident of the State, county, or district 
for the time required by law. 

2. William Thompson—who voted at the Dallas district, in Pulaski 
county; because he was not 21 years of age. 

3. William Pierce—who voted at the Harrison district, in Pulaski 
county; because he was not 21 years of age. 

4. David Sadler—who voted at the Harrison district, Pulaski county; 
because he was not a resident for the time required by law; in fact, 
he was a resident of Logan county, Kentucky, at the time of said 
election. 

5. Leroy Whitiss—who voted at the Gaines district, in Pulaski 
county; because he was not 21 years of age. 

6. Samuel Garland—who voted at the Point Isabel district, in Pu¬ 
laski county; because he had been indicted, convicted, and sentenced 
to the penitentiary for felony, from Whitley county, Kentucky, and 
served his time out therein, and was thereby, by law, disfranchised. 

7. Erased. 


KENTUCKY CONTESTED ELECTION. 


531 


8. Eli Dykes, jr.—who voted at the Somerset district, in Pulaski 
•county; because he was a resident of the Bent district, Pulaski county, 
at the time of said election. 

9. John L. Logan—who voted at the Harrison district, in Pulaski 
county; because he was not a resident of the State, county, or district 
for the time required by law. 

10. Samuel Thacker—who voted at the Juggernaut district, in 
Pulaski county ; because he had been indicted, convicted, and sen¬ 
tenced to the penitentiary, and served his time out therein, and was 
thereby disfranchised. 

11. Wesley Neal—who voted at the Buncombe district, in Pulaski 
county; because he was not a resident of the State, county, or district 
for the time required by law. 

12. Norris Williams—who voted at the Bent district, in Pulaski 
county; because he was not a resident of the State, county, or district 
for the time required by law. 

13. Washington Reynolds—who voted at the Bent district, in Pu¬ 
laski county; because of the same reason as last above stated. 

14. James Parton—who voted at the Harrison district, in Pulaski 
county; because he was not 21 years of age. 

15. John Elder—who voted at the same district for the same reason 
as above. 

16. Pleasant Jeffries—who voted at the Juggernaut district, in 
Pulaski county; because he was a foreigner, and not a citizen of the 
United States. 

17. Thomas Jenkins—who voted at the same district, and for the 
same reason as above. 

18. Henderson Angell—who voted at the same district; because 
he was not a resident of the State, county, or district for the time 
required by law. 

19. Patrick Doyle—who voted at the same district; because he was 
not a resident of the State, county, or district for the time required 
by law. 

20. Samuel Hansard—who voted at the same district; because there 
is no such voter living in said district. 

21. John Davis—who voted at the Somerset district, Pulaski county; 
because he was not 21 years of age. 

22. Wm. Burton, son of Benj. Burton—who voted at the Gaines 
district, Pulaski county; because he was not 21 years of age. 

23. Dunny Lustre, son of Jesse Lustre—who voted at the same 
district, and for the same reason. 

24. J. J. Smiley—who voted at the Grundy district, Pulaski county; 
because he was not a resident of the State, county, or district for the 
time required by law. 

25. Emerson Strunk—who voted at the Texas district, Pulaski 
county, because he was not 21 years of age. 

26. Joseph Keith—who voted at the same district, and for the 
same reason. 

27. Daniel Chitwood—who voted at the same district; because he 


532 


KENTUCKY CONTESTED ELECTION. 


■was not a resident of the State, county, or district for the time re-, 
quired by law. 

28. Jonathan Abbott—who voted at the same district, and for the' 
same reason. 

29. John Brown—who voted at the same district, and for the same 
reason. 

30. Elijah Burton—who voted at the Gaines district, Pulaski 
county; because he was not 21 years of age. 

1. Samuel Chaney—who voted at the district No. 5, in Green 
county ; because he was not 21 years of age. 

2. Isaac Hartfield—who voted at district No. 4, in said county ; 
because he was a foreigner, and not a citizen of the United States. 

3. Samuel Bennett, jr.—who voted in the same district last named ; 
because he was not a resident of the State, county, or precinct for 
the time required by law. 

4. Daniel Sullivan, sen.—who voted at the Greensburg precinct ; - 
because of the same reasons last above named. 

5. Selden Renfro—who voted at district No. 5, in Green county f 
because of the same reasons last above named. 

6. Thos. Elmore—who voted at district No. 4, in Green county; 
because he was not 21 years of age. 

1. George W. St. Johns—who voted at district No. 1, Wayne county; 
because he was not a resident of the State, county, or precinct for 
the time required by law. 

2. William Boston—who voted at district No. 1, of said county ; 
because he was not a resident of the county or district for the time- 
required by law. 

3. Charles Mitchell—who voted at the same place ; because he has 
not been a resident of the State, county, or district for the time re¬ 
quired by law. 

4. E. B. Jones—who voted at the same district; because he is a 
foreigner, and not a citizen of the United States, nor a resident of 
the State, county, or district the time required by law. 

5. J. J. Shepperd—who voted at the same district; because he was 
not a resident of the State, county, or precinct for the time required 
by law. 

6. Henry Greer—who voted at the same district; because he is a 
foreigner, and not a citizen of the United States. 

7. A. K. Russell—who voted at the same district; because he was 
not a resident of the State, county, or district for the time .required 
by law. 

8. James Low—who voted at the same district; because he was not 
a resident of the State, county, or precinct for the time required by 

law. 

9. E. E. Waller—who voted at the same district ; because he was 
not a resident of the State, county, or district for the time required 
by law. 

10. Henry Martin—who voted at the same district; because he is 
a foreigner, and not a citizen of the United States. 


KENTUCKY CONTESTED ELECTION. 533 

11. Andrew Henry—who voted at the same district; because he is 
not 21 years of age. 

12. John Chriswell—who voted at the same district; because he 
vvus not a resident of the county or district for the time required by 
law ; in fact, he is a resident of Clinton county, Kentucky. 

13. G. B. Vaughn—who voted at the same district; because he is 
not a resident of the district. 

14. Shelby Thomas—who voted at the same district; because he is 
not 21 years of age. 

15. Charles Orman—who voted at the same district; because he is 
a foreigner, and not a citizen of the United States. 

16. George Smith—who voted at the same district; because he is 
not 21 years of age. 

17. William Terry—who voted at the same district; because he 
was not a resident of the county or district; in fact, he was a resi¬ 
dent of Russell county at the time of the election. 

18. George Arthur—who voted at the same district; because, after 
he had voted for me, and left the polls, his name was erased from the 
poll-books. 

19. J. McBlack—who voted at the Mill Springs, in Wayne county; 
there is no such voter in the district. 

20. Seaburn Crutchfield—who voted at the Mill Springs district, in 
Wayne county ; because he was not a resident of the county, State, 
or district for the time required by law; in fact, he is a resident of 
Kansas Territory, and voted, or said he voted, in said Territory; and 
further, because he is not entitled to vote in Kentucky, or anywhere 
.else, he being under 21 years of age. 

21. Thomas Rutherford—who voted at the same district; because 
he is not 21 years of age. 

22. Marion Stevenson—who voted at the same district; because 
he is not a resident of the county or district for the time required by 
law. 

23. Thomas Mus—who voted at the same district; for the reasons 
last above named. 

24. Wm. Scantland—who voted at the same district; because he 
is not 21 years of age. 

25. Sam’l Pennington—who voted at the same district; because 
he was not a resident of the State, county, or district for the time 
required by law. 

26. John Fredricks—who voted at the same district; because he is 
a foreigner, and not a citizen of the United States. 

27. James Daus—who voted at the same district; because he is 
not a resident of the county or district; in fact, he is a resident of 
Pulaski county. 

28. Wm. Dobkins—who voted at the same district; because he 
was not a resident of the State, county, or district for the time re¬ 
quired by law. 

29. H. P. Jones—who voted at the same district; because he was 
not a resident of the county or district for the time required by law. 


534 


KENTUCKY CONTESTED ELECTION. 


30. S. A. Hutchinson—who voted at the same district; because he* 
is not 21 years of age. 

31. Wm. Weaver—who voted at the same district; because, after 
he had voted, and several other voters had voted after him, he had' 
his vote recorded for you, he not having voted for you when he first 
cast his vote for the other democratic candidates for the various 
offices of the State, &c. 

32. William Foster, jr.—who voted in Mill Spring district; because- 
he is under 21 years of age, and not a resident of the district, as re¬ 
quired by law. 

33. George Payne—who voted at the same district; because he is' 
an idiot. 

34. F. M. Marcum—who voted at the same district; because after 
he had recorded his vote for me, and had left the polls, his name was 
erased from the poll books, so far as his having voted for me. 

35. Thomas Simpson—who voted in Mill Spring district, in Wayne 
county; because he was under 21 years of age. 

36. Alberry Slioat—who voted at the Edwards district, in Wayne- 
county; because he was not a resident of the county for the time re¬ 
quired by law. 

37. Emerson Hancock—who voted at the same district; because he- 
was not 21 years of age. 

38. Wm. Rule—who voted at the same district; for the same reason 
last stated. 

39. Shelby Denny—who voted at the same district; for the same 
reason last stated. 

40. Wm. Carter—who voted at the same district; because he was- 
not a resident of the State, county, or district for the time required 
by law. 

41. Granville Morgan—who voted at the same district; because he 
is not 21 years of age. 

42. C. F. Kidd—who voted at the same district; because he was 
not a resident of the State, county, or precinct for the time required 
by law. 

43. John Sloan, jr.—who voted at same place; because of the rea¬ 
sons above named. 

44. Berry Slioat—who voted at the same place; because of the 
reasons above named. 

45. Andrew Hill—who voted at the South Fork district, in Wayne 
county; because he was not 21 years of age. 

46. Granville Spradlin—who voted at the same place; because he 
was not 21 years of age. 

47. William Brewster—wdio voted at the same place; because he 
was not a resident for the time required by law. 

48. Peter Phipps—who voted at the same place; he only voted for 
W. A. Hoskins, a candidate for the State senate; he did not vote in 
the congressional race, and his vote, since the polls were returned, 
has been put down for Chrisman. 

49. Patten Foster—who voted in district No. 7, Dobbsville; because- 
he was not a resident for the time required by law. 


KENTUCKY CONTESTED ELECTION. 


535 


50. W illiam King—who voted at the same place; because he was 
not 21 years of age. 

51. James Davis—who voted at same place; because he was not a 
resident for the time required by law. 

52. Frank Winchester—who voted at the same place; because of 
the reasons last above named. 

53. Hiram Troxdall—who voted at the same place; because he was 
not 21 years of age. 

54. Bryant Thurston—who voted at the Mullentown district, Wayne 
county; because he was not 21 years of age. 

55. Granville Shoat—who voted at the same place; because he was 
not a resident for the time required by law. 

56. William Kennedy—who voted at the Sinking district, in Wayne 
county; because he was not a resident for the time required by law. 

57. Isaac Mason—who voted at same place; because he is not a 
legal voter. 

58. Stephen Loveall—who voted at same place; because he is 
under 21 years of age. 

59. Gideon Loveall—who voted at same place; because he is not 
a legal voter. 

60. Christopher Jones—who voted at same place; because he is 
not 21 years of age. 

John Honey—who voted at Mullentown, not having been a resident 
of the district, State, or county the time required by law. 

I have denied the charges in the paragraphs named, and may have 
omitted to speak of some special charges in your pretended notice. 
If so, I hereby deny them. But I do admit that Abraham Monroe, 
whose vote you challenged, as I suppose, was not a legal voter; for if 
you will examine the poll-books, you will find that said Monroe voted 
for you, and is recorded and counted. 

You have also challenged the vote of James Lair. The said Lair 
voted for you and is so recorded, but the same is illegal; and I there¬ 
fore admit that as he voted for you his vote is illegal. 

I have been persecuted by the leaders of the democratic party, and 
my seat in the Congress of the United States has been contested; 
but I expect to prove, and will prove, before said Congress, that I am 
honestly, fairly, and legally elected to that position ; and I will state, 
that in the discharge of the high duty, as the representative from the 
fourth congressional district of Kentucky, endeavor to so act, as to 
meet with the confidence and respect of my constituents. The war¬ 
worn veteran, the children of the country, the widow, the orphan, 
shall, so far as my feeble efforts are concerned, be fully rewarded. 

W. C. ANDERSON. 

Executed the within upon James S. Chrisman, (the within named,) 
by delivering to him a true copy hereof on the 10th day of October, 
1859, in the town of Monticello, Wayne county, Kentucky. 

F. BATES, ‘ S . W. C. 

By L. P. BAKER, D. S . 


536 


KENTUCKY CONTESTED ELECTION. 


Sir : Take notice that I will, on the 20th day of December, 1859, 
at the court-house in the town of Burkesville, Cumberland county, 
Kentucky, before James Haggard, presiding judge of the Cumberland 
county court, take the depositions of R. C. Logan, A. G. Waggener, 
M. H. Owsley, T. Q. Wadkins, James B. Alexander, A. Morris, J. 
C. Pace, Jackson Pace, Edward Pace, Thomas Rhomine, John 
Cheek, M. L. Harris,^W. L. Matthews, Bonaparte Cheatham, Lewis 
Waggener, D. It. Haggard, F. W. Alexander, Meredith Martin, 
Samuel Lewellen, Abraham Spears, W. F. Owsley, Joel Owsley, J. S. 
Bledsoe, James Cheek, Zeb. Morris, John Johnson, J. Dulworth, Sam. 
Elliott, Asa Elliott, Robert Elliott, Russell Cole, Robert Scott, James 
A. Russeau, Joseph R. Robertson, George W. Brooks, Henry C. Nor¬ 
ris, Henry Payne, Martin G. Aiken, Martin Glidewell, Allen Cham¬ 
bers, Washington Watson, James M. Cloyd, Wm. Wright, Brinton 
Smith, and Virginia Aiken. All said witnesses reside in Cumberland 
county, Kentucky, except W. S. Mathews, who resides in Taylor 
county, Kentucky ; and said depositions are to be read as evidence in 
the matter of controversy between us, wherein you are contesting my 
right to represent the fourth congressional district of Kentucky in the 
approaching Congress of the United States. 

W. C. ANDERSON. 

Jas. S. Chrisman. 

Executed the within notice on the within named James S. Chrisman 
by delivering him a true copy thereof on this the 28th day of Novem¬ 
ber, 1859. 

W. R. TAYLOR, M. S. D. 

James S. Chrisman : 

In addition to the list of witnesses which I will examine at Burkes • 
ville on December 20, before J. Haggard, presiding judge for Cum¬ 
berland county, in the matter of contested election, you will find the 
following names : T. A. Vaughan, David Wells, Joseph Brummett, 
Thomas Boys, Brinton Smith, William Wright, Sol. Prewitt, John 
Hardeson, and Reuben Hicks, who reside in Cumberland county. 

W. C. ANDERSON. 

October 20, 1859. 

Executed the within notice on J. S. Chrisman by leaving a true 
copy at his usual place of abode, he being absent, this the 24th of Oc¬ 
tober, 1859. 

F. BATES, 8. W. C. 


James S. Chrisman : 

Take notice that I will, before James Haggard, presiding judge of 
the Cumberland county court, on the 25th of December, 1859, at the 
court-house in the town of Burkesville, take the depositions of the fol¬ 
lowing named persons, all of whom reside in Cumberland county : 
Jas. M. Cloyd, Barton Philpot, Wiley Scott, W. 0. Hill, William 
White, Sam. Morrison, Elizabeth Philpot, Mrs. Wesley Prewitt, Jas. 


KENTUCKY CONTESTED ELECTION. 


537 


M. Riddle, and T. A. Vaughan, to be read in the matter of contest 
pending in the House of Representatives of the United States, in which 
you are contestant and I contestee. 

W. C. ANDERSON. 

November 5, 1859. 

Executed on James S. Chrisman by delivering him a true copy of 
the within on November 11, 1859. 

F. BATES, 8. TV. C. 

By D. P. BAKER, D. S. 

The Commonwealth of Kentucky to the sheriff or any constable of Cum¬ 
berland county , greeting : 

You are commanded to summon R. C. Logan, A. G. Waggener, 
M. H. Owsley, T. Q. Wadkins, J. B. Alexander, A. Morris, J. C. 
Pace, Jackson Pace, Edward Pace, Thomas Rhomine, John Cheek, 
M. L. Harris, W. S. Matthews, Bona. Cheatham, Lewis Waggener, 
D. R. Haggard, F. W. Alexander, Meredith Martin, Samuel Lewellen, 
Abraham Spears, W. F. Owsley, Joel Owsley, J. S. Bledsoe, James 
Cheek, Zeb. Morris, John Johnson, J. Dulworth, Sam. Elliott, Asa 
Elliott, Robert Elliott, Russell Cole, Robert Scott, T. A. Vaughan, 
David Wells, Joseph Brummett, Thomas Boys, Brinton Smith, Wm. 
Wright, Solomon Prewitt, John Hardeson, Reuben Hicks, James M. 
Cloyd, Barton Philpot, Wiley Scott, Wm. White, W. 0 Hill, Sam. 
Morrison, Elizabeth Philpot, Mrs. Wiley Prewitt, Jas. M. Riddle, 
Fleming Watson, and Arch. Eldridge, to appear before me at the 
court-house in Burkesville, on the 20th day of December, 1859, to give 
their depositions in a certain matter of contested election pending in 
the House of Representatives of the United States between James S. 
Chrisman, contestant, and William C. Anderson, contestee; and this 
they shall in nowise omit, under the penalty of the law. 

Given under my hand, as presiding judge of the Cumberland county 
court, this 22d of October, 1859. 

JAS. HAGGARD, P. J. C. C. 

Executed on R. C. Logan, A. G. Waggener, M. H. Ow.-ley, Joel 
Owsley, Jas. B. Alexander, A. Morris, Jackson Pace, Edward Pace, 
Thomas Rhomine, John Cheek, M. L. Harris, W. S. Matthews, Bona. 
Cheatham, Lewis Waggener, D. R. Haggard, F. W. Alexander, 
Meredith Martin, Samuel Lewellen, Abraham Spears, W. F. Owsley, 
J. S. Bledsoe, James Cheek, Zeb. Morris, J. Dulworth, John Johnson, 
Sam. Elliott, Robert Elliott, Asa Elliott, Russell Cole, Robert Scott, 
T. A. Vaughan, David Wells, Joseph Brummett, Thomas Boys, Solo¬ 
mon Prewitt, John Hardeson, Reuben Hicks, Jas. M. Cloyd, Barton 
Philpot, Wiley Scott, Wm. White, W. 0. Hill, Sam. Morrison, Mrs. 
Wiley Prewitt, James M. Riddle, Fleming Watson, Arch. Eldridge, 
from October 27, 1859, to December 5, 1859. 

L. A. WAGGENER, 

R. C. TAYLOR, D. S. C. 0., 
For A. G. WAGGENER, S. C . C. 


533 


KENTUCKY CONTESTED ELECTION. 


December 20, 1859. 

L. A. Waggener was qualified to the within return. 

JAS. HAGGARD, P. J. O. C. 

The Commonwealth of Kentucky to the sheriff of Cumberland county: 

You are commanded to arrest George W. Brooks and Lemuel Aiken, 
and have them before the presiding judge of the Cumberland county 
court on the 23d day of December, 1859, as well to testify in behalf of 
the contestee in an action in the 36th Congress of the United States of 
America, between James S. Chrisman, contestant, and W. C. Ander¬ 
son, contestee, as to answer for disobedience of the subpoena served on 
them. And you will admit them to bail for their appearance in the 
sum of fifty dollars. 

Witness Jas. Haggard, presiding judge of the Cumberland county 
court, this 21st day of December, 1859. 

JAS. HAGGARD, P. J. C . C . 

The Commonwealth of Kentucky to the sheriff or any constable of Cum¬ 
berland county , greeting: 

You are commanded to summon Henry J. Payne and Robt. T. Allen 
to appear at the court-house, Cumberland county, on the 22d day of 
December, 1859, to testify, in behalf of William C. Anderson, in a 
case of contested election between W. C. Anderson and Jas. S. Chris¬ 
man. 

Witness Jas. Haggard, judge of Cumberland county court, this 
21st of December, 1859. 

JAS. HAGGARD, P. J. C. C. 

Executed on Robert T. Allen on the 22d day of December, 1859. 

R. G. COLE, D. 8. C. C. 

The deposition of Wm. F. Owsley, taken before James Haggard, 
presiding judge of Cumberland county, at the court-house in the town 
of Burkesville, Cumberland county, Kentucky, on the 20th day of 
December, in the year of our Lord one thousand eight hundred and 
fifty-nine, to be read as evidence, in behalf of W. C. Anderson, in a 
case of contested election now pending in the 36th Congress of the 
House of Representatives of the United States of America, wherein 
James S. Chrisman contests the said W. C. Anderson’s right to his 
seat in said Congress. The deponent being of lawful age, and first 
sworn, states: 

By Mr. Anderson’s attorney. Are you or not acquainted with John 
Wright; if so, where and for whom did he vote at the late August 
election for Congress ? 

Answer. I am acquainted with John Wright; from looking at the 
poll-books, district No. 1, Cumberland county, Kentucky, I see that 
he voted in said district for James S. Chrisman for Congress. 

By same. Is there or not any other John Wright living or did live 
at the late August election in district No. 1, of Cumberland county? 


KENTUCKY CONTESTED ELECTION. 


539 


Answer. None that I know of. 

By same. State all you know about said Wright's residence in Cum¬ 
berland county, and district No. 1 thereof, prior to the late August 
election? 

Answer. John Wright moved his family in said district last spring. 

By same. State if you know or have any information where he 
moved his family from ? 

Answer. He told me, previous to his moving in said district, that his 
family were at his father’s, in Tennessee. 

Cross-examined . 

By Mr. Chrisman’s attorney. Are you acquainted with all the voters 
who resided in the first precinct at the last August election ? 

Answer. I do not know that I am. 

By Mr. Anderson’s attorney. Did or not said Wright tell you when 
he came from Tennessee that if you would give him employment he 
would come back here and bring his family to live? if so, state when 
he told you this, and how long thereafter was it before he brought his 
family. 

Answer. He told me if he could get employment enough here, and 
could get a house, he would come and bring his family with him to 
live. He told me this either in the latter part of the winter or the 
first of the spring of 1859 ; and it was not a great while before he brought 
his family here after he told me this. 

By same. Did or not said Wright himself come originally from the 
State of Tennessee? 

Answer. He has told me frequently that he had lived in Tennessee. 

By Mr. Chrisman’s attorney. Did he ever tell you when, at what 
place, and how long he had resided in Tennessee ? 

Answer. I have heard him speak of places in Tennessee at which 
he had resided, but can’t say in what year or years he stated that he 
had lived in Tennessee. 

By same. How much family has the said Wright? 

Answer. A wife and one child. 

By same. Had you any personal acquaintance with the said Wright 
prior to last winter? 

Answer. I had no acquaintance with him until about the latter part 
of 1858 or first of 1859. 

By same. Do you know that he voted at all in the last race for 
Congress ? 

Answer. I know it only from seeing the name and vote recorded on 
the poll-hooks ; I have heard him say he voted. 

By same. Did you ever see him in Tennessee? 

Answer. I never did. 

By same. Do you know that he was ever a housekeeper in Tennes¬ 
see ? 

Answer. I don’t know it of my own knowledge. 

WM. F. OWSLEY. 

Also the deposition of Thomas S. Ellison, taken at the same time 
and place ; and after being first duly sworn, stated as follows, viz : 


540 


KENTUCKY CONTESTED ELECTION. 


State whether or not you are acquainted with John Wright, 
who voted at the late election, August, 1859, for James S. Chris- 
man for Congress ; if so, how long had he lived in the first district 
of said county where he voted prior to said election ; where did he 
come from. 

Answer. I know said Wright; I saw him when he was coming to 
this county; met him in the road with his wife and child when he 
was coming. He said he was hunting work, and inquired where he 
could get employment, &c. This was in February, 1858 ; that was 
the first time he came here. He left here for Tennessee with his wife 
and child and plunder in August, 1858. It was some time thereafter 
before I saw him again. 

Was there any other man by the name of John Wright who lived 
in said district in 1859 ? 

Answer. Hot that I know of. 

Cross-examined. 

By Chrisman’s attorney. Did or not the said John Wright reside 
and work at the ditching business in Cumberland county, from Feb¬ 
ruary, 1858, until the last August election, making only an occasional 
trip to see his family while they were in Tennessee ? 

Answer. He worked here occasionally at the ditching business. The 
first season after became here in February, 1858, he worked as a hire¬ 
ling by the month for Ben. Vaughn, of the first voting precinct in said 
county of Cumberland ; he then moved his family to Tennessee, as he 
told me ; and somewhere from one to three months afterwards I saw 
him here working at the ditching and other business ; I saw him on 
from that time until the last August election working about from 
place to place ; I suppose he has been here in Cumberland county ever 
since. He asked me for a house, I think last spring, to bring his 
family to, and he afterwards told me he had got a place from Mr. 
Bledsoe, and moved his family to it, where they now reside, in the first 
voting precinct in Cumberland county. 

By same. During the period which you suppose his family to have 
been in Tennessee,was he or not in Cumberland county working about, 
and making only an occasional trip to see his family ? 

Answer. He told me once, while I suppose his family was in Ten¬ 
nessee, that he was going to see them, and he would come back and 
work for me prior to that time, which was the latter part of last win¬ 
ter or in the spring ; he had been working about in Cumberland 
county, Kentucky; I suppose he had; I saw him occasionally, and 
lie told me he had been at work, as aforesaid. 

By Anderson’s counsel. When was it said Wright told you he was 
going to bring his family back to this county from Tennessee? 

Answer. In the latter part of the winter or first of the spring of 
1859. 

THOS. S. ELLISON. 

Also the deposition of W. S. Matthews, taken at the same time and 
place, and for the purposes mentioned in the foregoing caption. The 
deponent, being of lawful age and first sworn, states: 


KENTUCKY CONTESTED ELECTION. 541 

By Anderson’s counsel. Where and for whom did you vote at the 
late August election for Congress? 

Answer. I voted in Campbellsville, Taylor county, Kentucky, and 
for W. C. Anderson for Congress. 

By same. Is or not your vote challenged by James S. Chrisman as 
an illegal vote ? 

Answer. I suppose it is. 

By same. How long had you resided in the county and precinct 
where you voted prior to the last August election ? 

Answer. I have been living in the county and precinct where I 
voted twenty years, and have never voted elsewhere. 

By same. Have you or not, for all that time, considered Campbells¬ 
ville your only home ; and have you ever been absent from there ex¬ 
cept for a temporary purpose ? 

Answer. I have for all that time considered Campbellsville my only 
home, and have not been absent therefrom during which time, except 
for a temporary purpose. 

By same. Have you or not voted always at Campbellsville since you 
have been old enough and voted at all ? 

Answer. I have. 

By same. Is there any other Wm. S. Matthews living, or did at the 
late August election live in the Campbellsville precinct, of Taylor 
county, beside yourself? 

Answer. There was no other in that county. 

Cross-examined. 

By Mr. Chrisman’s attorney. Have you a family. 

Answer. I have none. 

By same. Were you raised in Taylor county? 

Answer. I was born in Gfreen and raised in Taylor county. 

By same. Were you raised by your parents? 

Answer. I was, up to about eighteen years old—by my father and 
stepmother. I left my father’s at that ag;e, and went to do for myself. 

By same. With whom did you first reside after you left your father, 
and give all your succeeding places of residence, and your occupations 
at each place ? 

Answer. I worked with one Wm. Turner in Campbellsville in the 
carding-machine for one season or year. I next went to Pleasant 
Sanders’, in Campbellsville, where I worked in a carding-machine two 
summers. I next went to old man Shadowen s, where I worked on a 
farm for one year, about one mile from Campbellsville. I am a little 
too fast with my history ; before I worked at Shadowen’s, as above 
stated, I had worked in a carding-machine at Hodginsville, Larue 
county, about four months, and about five months in Greensburg, 
Kentucky, in different years, both before I worked on the farm of 
Shadowen, as stated. After I quit Shadowen’s, I commenced driving 
a United States mail stage from Campbellsville to Columbia, which I 
followed off and on up to the 10th of last August was a year ago. I 
then commenced driving a United States mail stage from Columbia, 
Kentucky, to Burkesville, Kentucky, and continued up until Decem¬ 
ber, 1858. I then quit and went home to Campbellsville, and com- 


542 


KENTUCKY CONTESTED ELECTION. 


menced driving the United States mail stage from Campbellsville to 
Columbia, and continued that business off and on until April last, and 
at that time commenced driving the United States mail stage from 
Columbia, Kentucky, to Burkesville, Kentucky, which I continued 
until a few days ago, and quit and went home to Campbellsville. 

By same. While you drove the stage from Columbia to Burkesville, 
from August was a year ago, until December, 1858, as you have 
stated, where did you keep your clothes and have your washing done? 

Answer. I had my washing done in Campbellsville. I kept my 
clothes at Wm. Baker’s, the then tavern-keeper in Columbia, Ivy. 

By same. Who did your said washing in Campbellsville, as you 
have stated ? 

Answer. I had it done by a free woman of color, who kept house for 
herself in Campbellsville, Ky. 

By same. By what conveyance were your clothes carried to Camp¬ 
bellsville and hack during the said time? 

Answer. On the United States mail stage. 

By same. At whose house in Campbellsville did you make your 
home while driving as aforesaid from Columbia to Burkesville ? 

Answer. At Mr. Redmond’s tavern, in Campbellsville. 

By same. Had you any property during said time at Kedmond’s 
tavern ; if so, what property ? 

Answer. I had nothing hut a few clothes. 

By same. You have stated that you kept your clothes during said 
time at Mr. Baker’s tavern, in Columbia; do you now state that you 
only kept part of them at Baker’s, in Columbia, and that you kept a 
part at Redmond’s tavern, in Campbellsville, during same time ? 

Answer. Yes, sir ; that is what I state. 

By same. The clothes at Kedmond’s tavern were neither washed, 
called for by you, nor worn during the time you drove from Columbia 
to Burkesville, as stated, were they? 

Answer. Sometimes I would send and get some of them, as I 
needed them; when I wore out a pair of pants I would send back to 
Kedmond’s and get another pair. 

By same. Did you leave these clothes at Kedmond’s for the pur¬ 
pose of claiming and holding a residence there, that you might be 
entitled to vote there ? 

Answer. I did not. 

By same. Did you or not keep your clothes during the time afore¬ 
said, while driving from Columbia to Burkesville, or such of them as 
you wanted for immediate use at Mr. Baker’s, in Columbia, Kentucky? 

Answer. I did, only when I would send back to Campbellsville to 
get them washed. 

By same. Is it because you had a remnant of clothing at Kedmond’s 
tavern, as stated, that made your home at Kedmond’s, in Campbellsville, 
or is there any other thing that fixed your home there ? If there is, 
state it. 

Answer. I don’t, nor did not claim my home there on account of 
the clothes at Kedmond’s, hut claim it because it was my home. 

By same. Do you live at said Redmond’s now? 

Answer. When I am there I do. 


KENTUCKY CONTESTED ELECTION. 


543 


By same. Have you ever bad any certain, fixed, and permanent home 
since you left your father’s ; did you or not consider the place at which 
you resided and worked as your home for the time being? 

Answer. While I was working with Shadowen, Sanders and Turner, 
as aforesaid, I considered those places my home for the time ; I con¬ 
sidered Redmond’s tavern aforesaid, my fixed home since that time. 

By same. What arrangement or contract have you with said Red¬ 
mond about a home there? Give the contract with Redmond, if any. 

Answer. I hoard with said Redmond ; I pay him by the month 
mostly ; sometimes I pay for a whole winter at the end of the winter; 
there is no contract between us ; he generally charges me $1 50 per 
week. 

By same. How many whole winters have you boarded with him? 

Answer ; I do not know ; a good many. 

By same. Is your washing now done at said tavern ; lodging also? 

Answer. My lodging is ; my washing is not nor never has been. 

By Anderson’s attorney. At all of the above places which you have 
spoken of when absent from Campbellsville, did you or not at the ex¬ 
piration of your employment intend returning there, and have you or 
not always returned there when out of employment elsewhere ? 

Answer. Yes, sir ; I did. 

By same. Have you or not always listed and paid your taxes in 
Taylor county, and is not the exhibit marked (A) made out and 
signed by the assessor for Taylor county? Please make said exhibit 
a part of this deposition. 

Answer. I have always, since I have been old enough, listed and 
paid my taxes, county levy, State revenue, and town tax in Taylor 
county, Kentucky, and the exhibit marked A is made out and signed 
by the county assessor, and is herewith referred to as part of this 
deposition. 

By same. Are or not Campbellsville, Columbia and Burkesville, all in 
the same congressional district, and was there any contested race last 
August that you could have voted in in Campbellsville that you could 
not have voted in in either of the other places ? 

Answer. They are all in the same congressional district, and there 
was no other contested race except for the legislature, and that was 
not close. 

By same. You have stated that you did not keep your clothes at 
Campbellsville in order to claim that as your residence and for the 
purpose of voting ; did you or not keep them there because that was 
your residence, and in order that they might be there when you re¬ 
turned from your employments elsewhere? 

Answer. That was the reason I kept them there. 

WILLIAM S. MATTHEWS. 

Also the deposition of James M. Cloyd, taken at the same time and 
place, and for the purposes mentioned in the foregoing caption. The 
deponent, being of lawful age, and first duly sworn, states: 

By Anderson’s counsel. Where and for whom did you vote at the 
late August election for Congress? 

Answer. I voted at the Burkesville precinct, of Cumberland county, 
and for W. C. Anderson for Congress. 


544 KENTUCKY CONTESTED ELECTION. 


By same. Is there any other James M. Cloyd living in said precinct 
in Cumberland county, or was there at the late August election . 

Answer. There was no other James M. Cloyd, old enough to vote, 
living in Cumberland county at the late August election. . 

By same. Is or not your vote challenged by J. b. Chnsman, and 
did any other James M. Cloyd vote in Cumberland county tor Con¬ 
gress at the last August election ? . , 

Answer. My vote is challenged by J. S. Chnsman, and no othe 
James M. Cloyd voted, that I know of, in Cumberland county, at the 


late August election. . , 

By same. How long prior to the late August election had you 

lived in the county, State, and precinct where you voted? 

Answer. My home has been in the county, State, and precinct where 
I voted at the last August election, ever since I was a child. 

By same. Have you ever considered any other place your home, 0i 
have you ever left the county where you now reside, except lor a 

temporary purpose ? . T 

Answer. I never have *, and have never left the county where I 
now reside, except for a temporary purpose. 


Cross-examined . 


By Chrisman’s attorney. Are you acquainted with all the voters, 
who resided in Cumberland county at the last August election ? 

Answer. I am not; I am acquainted with a good many 

By same. Have you looked over all the poll-books of the last August 
election for all Cumberland county ? 

By same. Then, as you have not looked at the poll-books, you can¬ 
not say that the name James M. Cloyd is not found on said books, 
except your own name ? 

Answer. I don’t know of any other James M. Cloyd in Cumber¬ 
land county, except myself. 

By same. Please give me your history, including the place of your 
rearing, and the various places at which you have lived, and the time 
you lived at each place. 

[Objected to by Anderson as illegal ] 

[The judge refuses to let the witness answer the above question.] 

By same. Where have you lived since your manhood? Give the 
different places, and the time you resided at each place. 

Answer. I have lived in Cumberland county all the time, except 
when absent on business. 

By same. Have you a family, and how long have you had one ? 

Answer. I have been married ever since 1847. 

By same. Where did you live first after your marriage? 

Answer. At James Allen’s, on Marrowbone creek, in the first voting 
precinct of Cumberland county, some two or three months. 

By same. Where did you next go from said Allen’s? 

Answer. I went from Allen’s to Wash’s bottom, where I have re¬ 
mained, except when out on other business, ever since. 

By same. State the times and occasions of your absence from Wash’s 
bottom? 


KENTUCKY CONTESTED ELECTION. 


545 


Answer. I have been to New Orleans some two or three times ; the 
first trip I was out some three months with a load of stock and corn. 

By same. Give me the particulars of your absence from the first 
precinct in Cumberland county, and from the county, during the last 
two years next before the election? 

Answer. On the 10th day of October, 1858, I started to Missouri; 
I went to Missouri, and returned the 15th day of January, 1859 ; I 
went on a visit and to see the country ; I had relations there. 

By same. Where was your family from the loth of October, 1858, 
to the 13th of January, 1859? 

Answer. I carried my family with me to Missouri. 

By same. What property, if any, did you leave behind you? 

Answer. I left my farm in Wash’s Bottom, and some $2,200 or 
$2,300 in notes, and a crop of tobacco. 

By same. Before starting did you or not sell out all your household 
and kitchen furniture ? 

Answer. I did. 

By same. With whom did you leave your cash notes, and under 
what arrangement ? 

Answer. Thomas Dewerson, with directions to receive the money on 
them as they fell due, and keep it until I returned. 

By same. Did you offer or try to sell your farm before you left? 

Answer. I did not. 

By same. When you left did you or not intend to remain in Mis¬ 
souri, if you liked that State, on seeing it, better than Kentucky? 

Answer. I went with that intention. 

By same. Where did you stay at while in Missouri ? 

Answer. At Mr. Watts’, my brother-in-law, the most of the time, 
and part of the time with my other relation. 

By same. How long after you landed in Missouri before you decided 
not to remain there? 

Answer. I was satisfied when I got to my stopping place that I 
would not remain. I left as soon as the weather would admit. 

By same. When you left what disposition did you make with your 
home? 

Answer. I rented my place out for one year. 

By same. Where did you return to and remain until the year of 
said renting was out? 

Answer. I came back to the same place and have been there ever 
since. 

By same. Did you or not sell all you proposed, except your farm, 
before you started to Missouri ? 

Answer. All except my tobacco crop and a few hogs and sheep. 

By same. What arrangement did you make about the disposition of 
your tobacco crop, and things you left ? 

Answer. I left my said things with William White ; he was to strip 
and prize my tobacco, and Mr. Thomas Dewerson was to ship it to 
New Orleans and sell it for me. Mr. White was to dispose of the 
hogs and sheep the best way he could for me. 

By Mr. Anderson’s counsel. Did you ever at any time decide in 
your mind that you would live in Missouri for a single moment? 

H. Mis. Doc. 11-35 


546 


KENTUCKY CONTESTED ELECTION. 


Answer. I never did, or any other State except Kentucky. 

By same, At the time you speak of going to New Orleans, was it 
or not merely for the purpose of disposing of produce ? 

Answer. It was, and nothing else. I left my family here. 

By same. Did you or not keep your farm for the purpose of returning t 
to it when you went to Missouri ? 

Answer. That was my notion. 

his 

JAMES M. + CLOYD. 

mark. 


Also the deposition of J. M. Baise, taken at the same time and 
place, and for the purpose mentioned in the foregoing caption ; the 
deponent being of lawful age and first sworn, states : 

By Anderson’s counsel. Are you or not acquainted with Thos. 
Baise ; if so, when and for whom did he vote at the last August elec¬ 
tion for Congress ? 

Answer. I am acquainted with him ; I raised him from four or five 
years old ; he voted at the Marrowbone precinct of Cumberland county, 
and for William C. Anderson for Congress, as I see from looking at the 
poll-books. 

By same. Is there any other Thos. Baise living in Cumberland 
county, and is or not his vote challenged by Chrisman ? 

Answer. There is no other Thos. Baise that I know of in the county, 
and I understand that his vote is challenged by Chrisman as not 
being twenty-one years of age. 

By same. How old is the said Thos. Baise, and what evidence have 
you of his age ? 

Answer. He was horn on the 19th day of February, 1838, as the 
record of his birth shows, recorded in the family Bible. 

By same. Do you or not know of your own knowledge that he is 
that old ? 

Answer. I feel safe in saying that he is that old, from my own 
knowledge of his age. 

Cross-examined by Chrisman's attorney. 

What proportion of the voters of Cumberland county are you ac¬ 
quainted with, and of the Marrowbone precinct ? 

Answer. I reckon I am acquainted with one-third the voters of the A 
county, and I reckon I am acquainted with some over half the voters 
of the Marrowbone precinct. 

By same. State when the Bible record of Thos. Baise was made, as 
well as you remember. 

Answer. I think it has been some nineteen years since it was 
transcribed from the older Bible record of his age. 

J. M. BAISE. 

Also the deposition of Bobert Elliott, taken at the same time and 
place, and for the purposes mentioned in the caption ; the deponent 
being of lawful age and first sworn, states: 

By Anderson’s attorney. Are you or not acquainted with John 


KENTUCKY CONTESTED ELECTION. 


547 


Powell - if so, where and for whom did he vote at-the late August 
election for Congress? 

Answer. I am acquainted with John Powell, and he voted at the 
Elliott precinct, No. 2, of Cumberland county, and for James S. Chris- 
man for Congress. 

By same. Is there or not any other John Powell who lives in said 
precinct, or did at the late election ? 

Answer. If there is any other I don’t know it, and I think I know 
every man who voted there at said election. 

By same. Please state all you know about said Powell’s not being 
a legal voter. 

Answer. He told me he lived in Missouri a year, and had been back 
to Kentucky but about six months before the late August election. 

By same. Did said PoweU live in said precinct all the time after be 
came back to Missouri up to said election ? 

Answer. I think he stayed in Adair awhile after the election. 

By same. Is said Powell or not a married man? 

Answer. He is a single man. 

By same. Are you or not acquainted with Irvin Keeton ; if so, did 
he or not move to the State of Missouri some time ago ? When did he 
move there, how long did he stay, and when did he return ? 

Answer. I am acquainted with Irvin Keeton ; he moved to the 
State of Missouri some time ago ; about three years, I think ; stayed 
there nearly two years, and then came back to Kentucky. 

By same. How long had he resided in this State before the last 
August election ? 

Answer. He came back some time late in the fall of 1858 ; he 
lived on my land in Cumberland county after he came back until Feb¬ 
ruary, 1859, and moved from this (Cumberland) county to Adair 
county at that time, and I suppose has been living there ever since. 

By same. Are you or not acquainted with John Green ; if so, where 
did he live at the last August election ? 

Answer. I am acquainted with John Green ; he came to George 
Jones’, in Cumberland county, in the spring of 1859, and lived there 
up to the last August election, and came there and lived after the 
election. 

By same. Where did James Brummett, who voted at district No. 2: 
of Cumberland county, and for W. C. Anderson, live at the last 
August election ; in what precinct? 

Answer. I believe he lived in the precinct where he voted, and I 
told him so. 


Cross-examined . 

By Mr. Chrisman’s attorney. When and where did John Powell 
tell you he had lived in Missouri a year, and what year was it he said 
he lived in Missouri ? 

Answer. He told me so at my mill a few days ago ; he said he lived 
in Missouri last year. 

By same. What did he say he went to Missouri for ? 

Answer. I did not ask him any further. 


548 


KENTUCKY CONTESTED ELECTION. 


By same. Where did he go from when he went to Missouri, if you 
know ? 

Answer. He went from Adair county, from the Harmony precinct. 

By same. Was he raised in said precinct, and do his parents still 
reside there? 

Answer. I think he was raised there ky a man by the name of Har¬ 
vey ; his parents are dead ; the man who raised him still lives in said 
precinct so far as I know. 

By same. Do you know for what purpose, or with what intention, 
or on what business, he went to Missouri? 

Answer. I don’t know r anything about it. 

By same. Do you know that Mr. Irvin Keeton moved to Missouri 
except by hearsay ? 

Answer. He told me he did since his return. 

By same. Did he tell you how long he remained in Missouri ? 

Answer. I don’t think he did; he was missing from this county 
near two years. 

By same. To what point or place did he first return when he first 
came back, or where you first saw him ? 

Answer. The first I saw of him after his return I met him in the 
road between my house and the still-house; he was knocking about, 
as I understood, on the Piny branch some time before his wife con¬ 
cluded to live with him ; his first settlement for housekeeping was on 
my land, as I have related. 

By same. Although you told Mr. James Brummett that you thought 
he lived in your (Elliott’s) precinct, No. 2, and did so, do you know 
where the line between said precinct and the town precinct, No. 1, or 
that line that divides said precincts near where Brummett lived last 
August, runs? 

Answer. I do not know. 

By Mr. Anderson’s counsel. Where and for whom did Irwin Keeton 
and John Green vote at the late August election ? Did they vote at the 
Harmony precinct, in Adair county ? 

Answer. I understood so, but not from them ; and I understood 
they voted for Chrisman. 

KOBERT ELLIOTT. 

Also the deposition of Thomas Routines, taken at the same place 
on the same day, for the purposes mentioned in the caption ; being of 
lawful age and first sworn, states in answer to questions by William 
C. Anderson’s counsel: 

Where and for whom did you vote at the last August election for 
Congiess? 

Answer. I voted in Burksville at the last August election, for Wil¬ 
liam C. Anderson for Congress. 

By same. Has or not your vote been challenged by Chrisman, and 
is there or not any other man by that name in this district? 

Answer. My vote has been challenged by Chrisman, and I know of 
no other man by that name in this (Burksville) district. 

By same. How long have you lived in the county, State ,and district 
in which you voted before the last August election ? 


KENTUCKY CONTESTED ELECTION. 


549 


Answer. I have been in this county and made my home here ever 
since 1854, and lived in this district since that time. 

Cross-examined . 

By Mr. Chrisman’s attorney. State upon what occasion and how 
l° n o you have been absent from said precinct or from Cumberland 
county in the last four years. 

Answer. I took a hire and drove a team to Missouri in the year 
1857. 

By same. What time did you start, and what time did you return 
from Missouri? 

Answer. I started on the 17th day of October, 1857, and returned 
in the month of December, 1858, to my father’s, in Adair county, 
Kentucky, where I stayed about one week, and then came to R. C. 
Bowlin’s about the 1st of January, 1859, which place I have claimed 
as my home from that time. 

By same. Where did you go from when you started to Missouri ? 

Answer. From R. C. Bowlin’s. 

By same. What property, if any, did you leave at R. C. Bowlin’s 
during your trip to Missouri ? 

Answer. I left none at all. 

By same. What did you follow while in Missouri ? 

Answer. I made a crop in Missouri with the man I went there with. 

By Mr. Anderson’s counsel. When you went to Missouri, did you 
or not merely go to assist John Watts to move there, and did you or 
not intend to return as soon as you had moved said Watts ? 

Answer. I went to'Missouri merely to assist Watts to move there, 
and expected to return as soon as I moved said Watts. 

By same. Did you or not after you got there agree to help said 
Watts to make one crop, and did you or not expect to return as soon 
as said crop was made, and did you or not so return ? 

Answer. I agreed with Watts to make one crop after I got to Mis¬ 
souri, and expected, and did return as soon as said crop was made. 

By same. Did you at any time intend to live in Missouri, either 
before you left here or after you got there ; and did you or not all the 
time expect to return to this county, and consider it your home? 

Answer. 1 never did at any time intend to live in Missouri, either 
before I left here or after I got there ; and I did all the time expect to 
return to this county, and considered it my home. 

THOMAS ROMINES. 

Also the deposition of Reuben Hicks, taken at the same time and 
place, on the same day, to be read as evidence for the same purpose 
mentioned in the caption, who being of lawful age and first sworn, 
states: 

By W. C. Anderson’s attorney. State whether or not you are ac¬ 
quainted with Jubilee G. Murphy, and whether or not you were 
present at the last August election and saw him vote ; if so, for whom 
did he vote ? 

Answer. I am acquainted with said Murphy, and saw him vote, and 


KENTUCKY CONTESTED ELECTION. 


5^0 

he voted for Chrisman for Congress ; he voted in Lawson's district, 
No. 3, in Cumberland county. 

By same. Do you or not know of any other man in that district or 
this county by that name ? 

Answer. I do not. 

By same. State, if you know, where said Murphy resided before the 
last August election. 

Answer. He resided in district No. 3 before said election ; and the 
report is that he sold his crop before the election and moved to the 
Elliott district. 

In answer to a verbal interrogatory : 

He moved from his father’s, in the Elliott district, some time in the 
winter or spring last to the Lawson district, or district No. 3. 

By same. With whom did he reside in your district ? 

Answer. He kept bachelor’s hall. 

By same. Was he or not a young man without any family ? and 
state whether or not he moved over into district No. 3 for the pur¬ 
pose of making a crop. 

Answer. He was a young man without any family ; he never told 
me what his intention was in moving to district No. 3. 

By same. State whether or not he moved some time since to his 
father’s ; and if so, state when. 

Answer. My recollection is that he left district No. 3 about the 
time of the last August election, and has not resided in said district 
since to my knowledge ; he may have left just before or just after the 
election. 

By same. Are you or not acquainted with Britton Smith ; if so, 
where did he vote, if you know, and for whom? 

Answer. I am acquainted with him, and he voted at the last Au¬ 
gust election in district No. 3 for Wm. C. Anderson for Congress. 

By same. Where did he live at that time, and how long did he live 
there ? 

Answer. He lived in district No. 3 at that time, and had been living 
in said district eighteen months or two years. 

By same. Do you or not know Henry Grimes and John Cooksey? 
If so, state where and for whom they voted at the last August election 
for Congress, if you know. 

Answer. I am personally acquainted with John Cooksey; am not 
personally acquainted with Grimes, hut know that he came forward 
and gave his name, and voted in district No. 8 for James S. Chrisman 
for Congress. I had seen Grimes some four times when be was a boy. 
John Cooksey voted in said district for James S. Chrisman for Con¬ 
gress at the last August election. 

By same. Has or not Britton Smith voted in that district before 
that time ; and if so, how often ? 

Answer. My best recollection is that he voted in that district in 
1858 ; I do not recollect whether he voted there at any other time. 

Cross-examined . 

By Chrisman’s attorney. Did or not Mr. Jubilee G. Murphy make 
a crop this present year in precinct No. 3, where he voted? 


KENTUCKY CONTESTED ELECTION. 551 

Answer. lie did. 

By same. Did he or not reside and keep house in said precinct? 

Answer. He did during the time he was making his crop, and until 
he moved or went away, as I have, which I can’t say was before or 
alter the election. 

By same. Where did the said Britton Smith’s wife reside at the last 
August election ? 

Answer. In Scott’s Bottom, in the Burksville precinct, No. 1 , of 
Cumberland county. 

By same. What was said Britton Smith doing in the third precinct 
at and before the last election ? 

Answer. Report said he was selling liquors. 

By same. Where does he now reside ? 

Answer. I don’t know where he now lives. 

By same. Is there any Burton Smith in the third precinct? 

Answer. None that I know of. 

By Anderson’s counsel. Was or not said Smith living all the time 
you have been speaking of separate and apart from his family, and 
had he or not left his wife ? 

Answer. He had been living separate and apart from his wife at the 
time spoken of, and general report said he had left his wife. 

By Chrisman’s attorney. Is or not all you know about his living 
apart from his wife simply this : that 3 'ou sometimes saw him at his 
liquor establishment, and don’t know whether he went home to his 
family or not, and is not the general report now that he is living with 
his wife and family in the town precinct? 

Answer. That is all I know about his living apart from his wife, 
and the general report is that he is now living with his wife in the 
town precinct, No. 1 

REUBEN HICKS. 

Continued until to-morrow morning, 9 o’clock. 

JAS. HAGGARD, P. J. C. C. 

Court-house, December 21, 1859. 

Met pursuant to adjournment. 

JAS. HAGGARD, P. J. C. Q. 

Also the deposition of Edward B. Pace, taken before James Hag¬ 
gard, presiding judge of the Cumberland county court, on the 21st 
day of December, 1859, to be read as evidence before the 36th Con¬ 
gress of the United States in a contested election between James S. 
Chrisman and William C. Anderson ; the deponent, being of lawful 
age and first sworn, states in answer to questions by W. C. Ander¬ 
son’s attorney : 

State whether or not Jos. C. Pace is a brother of yours ; and if you 
know, state where he lived at the last August election, and how long 
lie had lived there. 

Answer. He is a brother of mine, and had his washing done at my 
house from the 8 th of December, 1858, to the 15th of July last, and 
iny house is in this district, which is district No. 1, where said Pace 


552 


KENTUCKY CONTESTED ELECTION 


voted. In July he moved his washing to Colonel M. Smiley's, in the 
same district, and remained there until about the last of August. 

By same. Did or not said Jos. C. Pace make your house his home 
during the time he had his washing done there ? 

Answer. He did. 

By same. After he moved to Colonel Smiley’s, did he or not make 
that his home up to the time he left there in the latter part of August 
last ? 

Answer. I think he did. 

By same. How long had said Joseph C. Pace lived in the State of 
Kentucky and county of Cumberland previous to the last August 
election ? 

Answer. He lived in the State of Kentucky all his life except about 
six months in 1850,1 think, and he returned to this State in the latter 
part of the same year, and lived in this State up to the latter part of 
August last, and lived in this county from about the middle of the 
summer of 1858 till the latter part of August, 1859. 

By same. Is there or not any other Jos. C. Pace in this district or 
county ? 

Answer. None that I know of. 

Cross-examined. 

By Chrisman's attorney. While the said Joseph C. Pace kept his 
washing at your house, as you have stated, where did he himself stay 
and what did he follow ? 

Answer. A part of the time he was at my house, and a part of the 
time he was knocking about from place to place, not engaged in any 
regular business ; when at my house he worked with me occasionally 
on the farm. 

By same. For whom did you vote for Congress at the late August 
election ? 

Answer. For W. C. Anderson. 

By Anderson’s attorney. Did or not said Jos. C. Pace make his 
home in district No. 1 of Cumberland county, where he voted, more 
than sixty days before the last August election ? 

Answer. He did. 

By same. Did he ever reside out of the State of Kentucky after 
1850? 

Answer. He never resided out of the State, nor was ever out of it, so 
far as I know, since 1850, before said election. 

EDWARD B. PACE. 


Also the deposition of Thomas Homines, taken at the same place, on 
the same day, to be read in the case mentioned in the caption. 

The deponent being of lawful age and first sworn, states : 

Question by W. C. Anderson’s attorney. Are you or not acquainted 
with (x. J. Furquin, and did he or not vote at the Burksville district, 
No. 1, at the last August election ; and if so, for whom did he vote 
for Congress ? 


KENTUCKY CONTESTED ELECTION. 


553 


Answer. I am acquainted with G. J. Furquin, and he voted in the 
Burksville district, No. 1, at the last August election, and he voted for 
Chrisman for Congress. 

By same. Where did said Furquin reside at the last August election, 
if you know, and how long had he resided there ? 

Answer. He was working with George Breeding, in Adair county, 
but don’t know how long he had resided there. 

By same. Did you or not disclose your knowledge of the facts stated 
until after your deposition was taken on yesterday ? 

Answer. Not until after my deposition was closed. 

[James S. Chrisman excepts to the reading of the foregoing deposi¬ 
tion of Thomas Romines, because the same witness gave his deposition 
on yesterday, the 20th instant, and the same was closed and signed 
by the witness, and other depositions afterwards taken, and the same 
witness, after having left the place of taking depositions, returns to¬ 
day and is resworn, and gives a new deposition, of which there has 
been no notice or leave obtained to take it.] 

And not waiving said exceptions, proceeds to cross-examine: 

Are you or not the same witness who gave a deposition at this place 
and before Judge James Haggard on yesterday? 

Answer. I am. 

By same. Did you or not leave this place and go home last night? 

Answer. I did. 

By same. Have you or not been resworn to-day before giving this 
second deposition ? 

Answer. I have. 

By same. What relations did the said G. J. Furquin have in the 
first voting precinct of Cumberland county while at work at George 
Breeding’s, as you have stated ? 

Answer. His mother lives in the said first voting precinct, I reckon, 
but do not know certainly ; he has no family of his own. 

By same. Was or not his home at his mother’s while he worked 
temporarily at Breeding’s, as you have stated ? 

Answer. I don’t know. 

By same. Was he or not working at Breeding’s only by the 
month ; and how far from his mother’s to said Breeding’s where he 
worked ? 

Answer. I think he worked at Breeding’s as a hireling by the 
month ; his mother resides some two or three miles from said Breed¬ 
ing’s where he worked. 

By same. What is his age, and has he e\er left his mother’s or 
moved his home from there? 

Answer. He is a young man ; got no beard on his face ; I have 
known him for six or seven years ; if he has ever moved his clothes 
from his mother’s I don’t know it. 

By Anderson’s attorney. Do you know whether said Furquin 
makes his mother’s house his home or not ? 

Answer. I do not. 

By same. Was or not Mr. Hays requested to consent to the re¬ 
taking of your deposition and refused? 

Answer. He did. 


THOMAS ROMINES. 


554 


KENTUCKY CONTESTED ELECTION. 


Also the deposition of James M. Riddle, taken on the same day 
and at the same place, to be read as evidence in the proceeding 
mentioned in the caption. 

The deponent, being of lawful age and first duly sworn, stated as 
follows, viz: 

Are you or not acquainted with Benjamin H. Farmer, who voted 
for James S. Chrisman for Congress at the late August election, 1859, 
in the Burksville precinct ; if so, how long had said Farmer had a 
residence in said precinct, Cumberland county, Kentucky, before said 
election ? 

Answer. I am acquainted with him ; he lived in said county and 
precinct eight or nine months prior to said election. 

By same. Where did he live before he came to said county and 
precinct ? 

Answer. He moved to this county (Cumberland) from the State of 
Missouri; he left Clinton county, Kentucky, some time ago, how 
long, I do not recollect, and moved, as he told me, to Missouri; he 
was gone over a year before he returned ; he sold his plunder and 
carried his family with him to said State ; I saw a letter from him to 
his friends in this county while he lived in Missouri ; he was not a 
resident of this county twelve months next before the last August 
election, 1859. 

By same. Are you acquainted with Wm. Sevier ; and if so, do you 
know where and for whom he voted for Congress at the last August 
election P 

Answer. I am acquainted with him, and have known him from his 
infancy ; he voted at the Kettle Creek district, No. 4, in Cumberland 
county, at the last August election, for William C. Anderson for 
Congress. 

By same. Do you or not know his age ; if so, state what his age is, 
and how you know what his age is ? 

Answer. He was horn in May or June, 1838 ; I know it from the 
age of one of my children, and from the death of the wife of Solomon 
Brent. 

By same. When was your child born that you have spoken of in 
your last answer ? 

Answer. Born the 24th of February, 1838. 

By same. How much older, if any, was that child than William 
Sevier ? 

Answer. Some three or four months. 

By same. When did Solomon Brent’s wife die, of which you have 
spoken in a former answer, and how old was William Sevier at the 
time of her death ? 

Answer. She died in October, 1838, and William Sevier was 
several months old ; he could crawl about and get up by a chair. 

By same. State if you know John Johnson ; if so, for whom did he 
vote at the last August election for Congress, and where ? 

Answer. I am acquainted with John Johnson, and I see from an 
examination of the poll-books that he voted at the last August elec¬ 
tion at the Kettle precinct in this county for James S. Chrisman. 


KENTUCKY CONTESTED ELECTION. 555 

By same. Is or not the John Johnson you speak of son of Juisey 
Johnson ? 

Answer. He is. 

By same. State his age, if you know it. 

Answer. I don’t know his age exactly, but my impression is that 
he was not 21 years old at the last August election. 

By same. About how long has it been since his father and mother 
moved from this county to Arkansas, and how old was said John 
Johnson at that time? 

Answer. It has been about fourteen or fifteen years since they 
moved to Arkansas, and he was not more than about three or four 
years of age at that time. 

By same. You have spoken of Solomon Pruet’s wife dying in Octo¬ 
ber, 1838 ; are you or not certain that said Johnson was not born at 
that time? 

Answer. I am pretty confident that he was not. 

By same. Do you or not know that Wra. Sevier is older than said 
John Johnson? 

Answer. Yes ; he is a few years the oldest. 

By same. Did you or not live in the neighborhood of said Johnson 
and Sevier at the time they were each born ? 

Answer. I lived not over a mile from said Johnson’s father at the 
time of his birth, and about two miles from Wm. Sevier’s mother at 
the time of the birth of said Wm. Sevier. 

By same. Do you or not know Jacob Dulworth. who voted in the 
Kettle Creek district at the last August election, and for whom did he 
vote at said election for Congress ? 

Answer. I am acquainted with said Dulworth ; I was not present 
when he voted, but 1 see from the examination of the poll-books that 
he voted in the Kettle Creek district at the last August election for 
James S. Chrisman for Congress. 

By same. Is there any other Jacob Dulworth in that district, or in 
this county ? 

Answer. If there is I don’t know it, and I am well acquainted in 
that district. 

By same. Did or not said Dulworth leave this State? If so, where 
did he go, and how long did he stay? Tell all you know about it. 

Answer. He told me that he was going to California to dig for gold, 
and that he might stay several years and he might not stay so long ; 
and he was gone somewhere about fourteen months, and told me after 
his return that he had been to California. 

By same. Had said Dulworth any family ? 

Answer. No, sir ; he was a single man. 

Cross-examined . 

By Mr. Chrisman’s attorney. Has the said Benj. F. Farmer a fam¬ 
ily or not? 

Answer. He has a family ; his wife died before he left here ; he had 
two children, which he took with him, and has married again since 
his return. 


556 


KENTUCKY CONTESTED ELECTION. 


By same. Were you present when he started to move from Clinton 
county to Missouri, as you have stated, or is it hearsay from him? 

Answer. I was not present; I heard him say that he was going be¬ 
fore he went, and also that he had been there after his return. 

By same. Who went with him, and how did he go? Did he take his 
children with him ? 

Answer. His father and mother and some of his brothers ; he took 
his children with him as I understand. 

By same. What time did he get back, as nearly as you can recollect ? 

Answer. I think he got back in November, 1858. 

By same. To what place did he return and settle in after his trip 
of which you have spoken ? 

Answer. He settled on the hill in the direction of Albany, Clinton 
county, Kentucky, about seven miles from the town of Burkesville, 
in the first voting precinct of Cumberland county, Kentucky, in which 
he voted. 

By same. Did he or not tell you before he started that he was going 
to Missouri for temporary purposes, and with the intention of return¬ 
ing ? 

Answer. No, sir ; he told me he expected to live in Missouri. 

By same. Are you acquainted with the voters of the first precinct, 
at and before the last August election, or what portion of them ? 

Answer. I am not acquainted with all the voters of said precinct; 
I suppose I know about one-tliird of them. 

By same. Do you know that the said Ben. F. Farmer voted at all 
for any one at the last August election ? 

Answer. Not of my own knowledge I don’t, and I never heard him 
say anything on the subject. 

By same. You have stated that said Farmer returned to this county 
in the month of November, 1858. Do you or not mean only by that 
that the first you saw of him in this county after his said trip was in 
the said month of November, 1858 ; and do you know of your own 
knowledge at what time he first arrived in this (Cumberland) county 
after said trip ? 

Answer. My recollection is that the first I saw of him after his said 
trip was in the month of December, 1858. I don’t know when he 
returned before that time, or how long, except from the report of the 
neighbors. 

By same. Where are the parents of the said William Sevier, if 
living ? 

Answer. His mother is living in Cumberland county, Kentucky, in 
the precinct in which he voted. 

By same. How far did you reside from his parents when he was 
born ? 

Answer. Some one and a half or two miles. 

By same. Were you present at his birth ? 

Answer. I was not present at his birth nor when he was got. 

By same. How many children have you ? 

Answer. My wife has ten. 

By same. Give the year, month, and date in which each was born. 

Answer. My oldest was born the 27th of January, 1836; the next 


KENTUCKY CONTESTED ELECTION. 


557 


was born the 24th of February, 1838 ; the next, the 13th day of March, 
1840 ; the next, the 17th of September, 1842 ; the next, the 12th of 
February, 1844 ; the next, the 16th of April, 1846 ; the next, the 16th 
of May, 1848 ; the next, the 16th of October, 1851; the next, the 3d of 
February, 1854 ; the next, the 17th of August, 1856. 

By same. When were you married ? 

Answer. I was married the 27th of April, 1834. 

By same. Are not your marriage and children’s births all recorded 
in your Bible? 

Answer. They are. 

By same. Have they or not been recorded along soon after each was 
born ? 

Answer. They have. 

By same. Is there any record of the age of the said William Sevier, 
as you know of? 

Answer. I don’t know of any. 

By same. What enables you to remember the date of the death of 
Perchy Pruett, wife of Solomon Pruett? 

Answer. I recollect it distinctly from the age of my second child ; 
she was at my house when the child was born, and died the following 
October. 

By same. How many brothers and sisters had the said John Johnson, 
if any ? 

Answer. My impression is they (his parents) had about four children 
before they removed to Arkansas, as I have stated. 

By same. Were they all male, or how many were? 

Answer. I don’t think that there was but the one boy. 

By same. What year, if you know, was he born in ? 

Answer. I won’t be positive, but my impression is he was born in 
1839. 

By same. If he was born in 1839, how do you reason to make him 
n few years younger than William Sevier, of whom you have spoken ? 

Answer. They put the few years in my answer improperly ; it 
should have been a few months, as I aimed to answer. 

By same. Where do the said Johnson’s parents now reside, if living ? 

Answer. His mother lives in the Kettle Greek precinct, where he is 
said to have voted. 

By same. Is there any record of his age known to you ? 

Answer. I think his age was recorded, and the record thereof was 
burned in their house prior to their said moving to Arkansas. 

By same. For whom did you vote at the last election for Congress? 

Answer. For W. C. Anderson ; and would do the same over it it 
were to do over. 

By same. What proportion of the voters of the said Kettle Creek 
do you know ? 

Answer. I am personally acquainted sufficient to call the names of 
nine-tenths of them. 

By same. Did or not the said Jacob Dulworth tell you that he went 
to California with the intention of returning? 

Answer. He told me he expected to return if he lived; that he 
might stay several years, and might not stay so long. 


558 


KENTUCKY CONTESTED ELECTION. 


By same. State the time, as nearly as you can, when he returned. 

Answer. About fourteen months after he left. 

By Anderson’s attorney. Are or not the mothers of both Sevier and 
Johnson above alluded to very illiterate women. Can they read or 
write? Were there any other persons by their names, voters, living 
in the Kettle Creek precinct at the last August election beside the 
ones spoken of? 

Answer. They are very illiterate women, and can neither read nor 
write ; and if there were any other William Sevier or John Johnson 
living in said precinct at said election, I don’t know it. 

By same. How tar do their mothers live from town, and is or not 
the weather at this time very inclement, and not suitable for women 
to get out from home ? 

Answer. They live at least eleven miles, and the weather at this 
time is very inclement, and unsuitable for women to leave home. 

By same. Is or not Solomon Pruett's wile, whom you spoke of 
having died, an aunt of your wife, and are you or not thereby enabled 
the better to determine the age of Sevier aforesaid ? 

Answer. She is ; and I am by her death the better enabled to 
determine William Sevier’s age. 

J. M. BIDDLE. 

Also the deposition of Bussel G. Cole, taken at the same place, on 
the same day, to be read in the case mentioned in the caption, who 
being of lawful age and first sworn, states in answer to questions: 

By Anderson’s attorney. State whether or not you are acquainted 
with John Powel ; if so, state where and for whom he voted at the 
last August election for Congress. 

Answer. I am very well acquainted with John Powel, and he voted 
at Elliott’s precinct, No. 2, in Cumberland county ; and he voted for 
James S. Chrisman at the last August election for Congress. 

By same. Were you or not clerk of said election in August, 1859 ; 
if so, was there any other man by the name of John Powel voted in 
said district at that election ? 

Answer. I was clerk of said election, and no man voted there but 
the one by the name of John Powel. 

By same. State all you know about said Powel being an illegal 
voter ? 

Answer. He moved to Illinois, and stayed there something over a 
year, and had not been back a year in this county when he voted; 
that is my recollection. 

By same. Where did he first come to when he returned to this 
State, and when did he come to this county ? 

Answer. He came to Adair county and bought land there ; and 
came from there to this county last spring. 

By same. State, if you know, when he returned to this State from 
Illinois. 

Answer. I think he returned some time in 1858, but it might have 
been in the fall of 1857. 

By same. Do you know Henry Grimes ? 

Answer. I know a man by that name. 


KENTUCKY CONTESTED ELECTION. 


559 


By same. Where and for whom did he vote at the last August 
election ? 

Answer. I see from the poll-book that he voted at the Lawson pre¬ 
cinct, No. 3, for James S. Chrisman for Congress, at the last August 
election. 

By same. State all you know about his being an illegal voter at 
that time. 

Answer. I know he was gone for some time from the county, and 
returned a short time before the election. 

By same. State whether or not you are acquainted with G-. F. 
Dowell; if so, for whom did he vote at the last August election for 
Congress, and where did he vote? 

Answer. I am acquainted with him, and he voted at Elliott’s dis¬ 
trict, in this county, at the last August election, for Wm. C. Ander¬ 
son for Congress. 

By same. How long previous to the last August election had he 
lived in said district and county? 

Answer. He came to the county and district in the early part of 
last spring and lived there up to the election. 

By same. State how long he had lived in this State previous to the 
time he moved to this county, if you know. 

Answer. I have known him some eight or ten years, and if he ever 
lived out of this State during that time, I have no knowledge of it. 

By same. Are you or not acquainted with John Green; if so, where 
did he live at the last August election? 

Answer. I am acquainted with said Green ; he lived at George 
Jones’, in Cumberland county, up to the day before the last August 
election, and returned to said Jones’ a few days after the election, and 
is still living at said Jones’; he made a crop at Jones’ this year. 

By same. Are you or not acquainted with Irvin Keeton ; if so, 
where did he live at the last August election? 

Answer. I am very well acquainted with him ; he lived in the 
Harmony district at the last August election. 

By same. How long had he lived in the State, county of Adair, 
and Harmony district, before the last August election? 

Answer. He had been in this State about fourteen or sixteen months 
after his return from Missouri; he returned to this county and lived 
here nine or ten months after his return from Missouri ; and moved 
to Adair from here and remained there up to the last August elec¬ 
tion, which was some four or five months. 

By same. How long did he remain in Missouri, when he moved 
there, before he returned to this State ? 

Answer. Something over two years. 

By same. «Did or not the John Green and Irvin Keeton of whom 
you have spoken in this deposition vote in the Harmony district, at 
the last August election, for James S Chrisman for Congress? 

Answer. From information, they did ; three or four men told me 
they saw them vote, but I did not hear either said Green or Keeton 
say so. 

[Answer objected fo by Mr. Chrisman’s attorney and sustained.] 


560 


KENTUCKY CONTESTED ELECTION. 


Cross-examined. 

By Mr. Cbrisman’s attorney. How do you know that John Powell 
moved to Illinois ? 

Answer. I saw him a few days before he started ; he told me he 
was going there. 

By same. That is all you know about it, except rumor, is it not? 

Answer. I know he was gone from the neighborhood for that time. 

By same. How do you know he bought land in Adair county after 
his return from Illinois ? 

Answer. He told me so I think. 

By same. How do you know that he lived in Adair after his return? 

Answer. I know it by his not being in Cumberland ; I saw him in 
Adair county at McCajah Harvey’s, and other places; he made a crop 
at said Harvey’s ; took liquor to Harvey’s and sold it. 

By same. How do you know he made a crop and sold liquor at said 
Harvey’s? 

Answer. Harvey told me so. 

By same. How do you know what time he moved into Cumberland 
county ? 

Answer. He came there some time in the winter or spring, and at¬ 
tended ground there joining me. 

By same. How do you know where he came from when he came to 
the place joining you ? 

Answer. He said he came from Adair. 

By same. Did he keep house while cropping this year near you, or 
who did he live with? 

Answer. He lived with his brother-in-law, John M. Harvey. 

By same. Did he or not make his home at his said brother-in-law’s 
(Harvey’s) before he went off from this county? 

Answer. He did make his home with his said brother-in-law (Har¬ 
vey) before he left here. 

By same. Did said Harvey live at the same place before Powell left 
for Illinois that he lived at last summer when Powell lived with him ? 

Answer. I think he did. 

By same. Then said Powell lived at the same place last summer that 
he lived at before he left for Illinois ? 

Answer. He did. 

By same. Do you know with what intention said Powell went to 
Illinois ; whether of returning or not ? 

Answer. I do not. 

By same. Who did he go with ? 

Answer. With Barry Lewis and John Curry; they moved. 

By same. Where did G. F. Dowell, of whom you have spoken, live 
in Elliott precinct? 

Answer. He lived at William Warriner’s, in the Rockhouse Bottom. 

By same. Under what arrangement did he live at Warriner’s? 

Answer. I don’t know; he was making a crop there, and helping 
Warriner work on his ( Warriner’s ) steam mill; I can’t say whether 


KENTUCKY CONTESTED ELECTION. 


561 


lie worked by the month as a hireling, or made a crop for himself at 
Warriner’s. 

By same. Was he or not a single young man ; and where did his 
parents live ? 

Answer. He was single; his parents, if living, I think live in Rus¬ 
sell county, Kentucky. 

By same. Do you know where he kept his clothes and washing while 
at William Warriner’s? 

Answer. I do not know. 

By same. Do yo know how long Irwin Keylon was in Missouri, if 
at all? 

Answer. He was gone from here something over two years ; he told 
me he had been in Missouri. 

By same. For whom did you vote for Congress at the last election; 
and were you not an ultra opposition man, and quite active and zeal¬ 
ous in the late election ? 

# Answer. I voted for W. C. Anderson ; I am an opposition politi¬ 
cian ; I took an active part against democracy as far as I thought right. 

By Anderson’s attorney. iState whether or not John Powell told 
you that he lived in Illinois while he was gone from this State; and 
how long did he say he stayed there ? 

Answer. He told me he had lived in Illinois a year or more when 
he was absent from here. 

By same. Did he or not tell you where he lived in Illinois, and 
what his occupation was while there ? 

Answer. He told me he lived in Scott and Mazonpin, and worked 
on the farm the most of the time while there. 

R. G. COLE. 

Also the deposition of Jas. H. Cheek, taken on the same day and 
at the same place, to be read as evidence in the 36th Congress of the 
United States, between Jas. S. Chrisman and Wm. C. Anderson, in 
a contested election between them in said Congress. 

The deponent being of lawful age, and first sworn, states in answer 
to interrogatories by W. C. Anderson’s attorney : 

Question. Are you or not acquainted with John Wright who voted 
at Burksville at the last August election ; if so, for whom did he vote 
for Congress ? 

Answer I am acquainted with John Wright, and I see from an 
examination of the poll-books that said Wright voted at Burksville at 
the last August election for Jas. S. Chrisman for Congress. 

By same. Is there any other John Wright in the Burksville dis¬ 
trict except the one you have spoken of? 

Answer. None that I know of. 

By same. Are you or not well acquainted in said district, and are 
you or not a practicing physician, and frequently in all parts of this 
county and this district? 

Answer. I am well acquainted with a large part of the county, 
particularly in this (the Burksville) district; lama practicing physi¬ 
cian, and am frequently called to all parts of this voting district. 

H. Mis. Doc. 11-36 


562 


KENTUCKY CONTESTED ELECTION. 


By same. Now tell all you know about said Wright being entitled 
to a vote at the last August election ? 

Answer. I heard him say last winter or spring that he could make 
no money here, and he intended to move his family to her relations 
in Tennessee, and come back here and work to pay his debts. 

By same. Did he or not move his family to Tennes ee after that 
time, and before the last August election ? 

Answer. He did ; so he told me. 

By same. Are you or not acquainted with Benjamin F. Farmer 
who voted at Burksville at the last August election ; if so, for whom 
did he vote for Congress? 

Answer. I am well acquainted with said Farmer ; I see from an 
examination that he voted at the last August election in Burksville 
for Jas. S. Chrisman for Congress. 

By same. State all you know about said Farmer's moving to Mis¬ 
souri, if anything, and when he moved, and how long he stayed 
there ? 

Answer. He told me he was going to move to Missouri, and I saw 
him when he came through this place on his way ; I shook hands 
with him and he cried ; I think he left here last spring a year ago ; 
my recollection is that he returned last spring or winter. 

By same. Did he or not have his family with him when he passed 
through here ? 

Answer. I don’t recollect of seeing his family. 

By same. Did or not said Farmer tell you that he sold his land for 
the purpose of moving to Missouri? 

Answer. He did. 


Cross-examined. 

By Chrisman’s attorney. To whose house did John Wright, of 
whom you have spoken, move his wife in Tennessee? 

Answer. My recollection is that he said to her father’s or his 
father’s. 

By same. Did he or not say that when he took his wife to Tennes¬ 
see he was coming hack to pursue his business until he made money 
and paid his debts, and then he was going to bring his wife back? 

Answer. He said he was coming back to make money and pay his 
debts ; he said nothing about bringing his wife back ? 

By same. Did he or not come back and pursue his business, and 
bring his wife back also? 

Answer. He did come back and pursue his business, and afterwards 
brought his wife back. 

By same. Do you know with what intention Ben. F. Farmer went 
to Missouri ? 

Answer. He told me he was going to move there. 

By same. What are your politics, and for whom did you vote at 
the late August election ? 

Answer. Opposition, and for Anderson. 

By same. Can you say that John Wright ever did take his wife to 
Tennessee? 


KENTUCKY CONTESTED ELECTION. 


563 


Answer. He told me he was going to lake her, and afterwards that 
he had took her, and that she and those with whom he left her fell 
out, and he brought her back ; that after they fell out he started after 
her and met her coming back before he got to the place where he left 
her, is my recollection. 

By Wm. C. Anderson’s attorney. Are you acquainted with John 
Hardison who voted at the Burksville district, and for whom did he 
vote for Congress at the last August election ? 

Answer. I am acquainted with said Hardison, and have been for 
many years, and my impression is that he voted for Wm. C. Anderson 
for Congress at the last August election. 

By same. How old is said Hardison, if you know? 

Answer. 1 don’t know certainly about his age, but I would say he 
was about twenty-three years of age. 

By same. What induces you to believe he is twenty-three years 
old? 

Answer. I saw said boy in 1839, I think, and I think he was about 
three years old at that time from his appearance then. 

By same. I)o you know Thos. A. Vaughan, and is he or not the 
only Vaughan that has been sentenced to the penitentiary from this 
county for the last twenty years ? 

Answer. I know him, and he is the only man by that name, or by 
the name of Vaughan, that has been sentenced to the penitentiary 
from this county for twenty years. 

By Chrisman’s attorney. Where did you see John Hardison at in 
1839? 

Answer. My recollection is in Burksville, Kentucky. 

Question. What enables you to recollect the year? 

Answer. It was the year I came here, and that one Stiles took 
Hardison’s wife from him ? 

Question. Are you or not guessing at the age of the boy John 
Hardison in 1839 ? 

Answer. I am guessing from his appearance at that time, he was a 
boy running about. 

JAS. H. CHEEK. 

Adjourned until to-morrow morning, 9 o’clock. 

JAS. HAGGARD, P. J. G. C. 

Court-House, Burksville, Kentucky, December 22, 1859. 

Met pursuant to adjournment. 

Also the deposition of Jo. B. Alexander, taken at the court-house 
in the town of Burksville, Cumberland county, Kentucky, on the 22d 
day of December, 1859, before James Haggard, presiding judge of 
Cumberland county, Kentucky, and for the purposes mentioned in 
the caption, who being of lawful age, and first sworn, states in answer 
to question : 

By Anderson’s counsel. Are you or not acquainted with Benjamin 


564 


KENTUCKY CONTESTED ELECTION 


F. Farmer ; if so, where and for whom did he vote at the late August 
election for Congress ? 

Answer. I am acquainted with said Farmer, and I see from look- 
ing at the poll-hooks he voted at district No. 1 of Cumberland county, 
and for James S. Chrisman for Congress, at the recent election. 

By same. Did he or not come to this place to give his deposition 
when J. S. Chrisman took depositions here? 

Answer. He told me he did. 

By same. When did he leave this county to go to Missouri; for 
what purpose did he go; how long did he remain in Missouri, and 
when did he return to this county ? 

Answer. I think he left here for Missouri in the spring of 1858, 
and I think he came hack here in the fall of 1858. He told me he 
went to Missouri to live. 

By same. Did he or not sell out all his property before he left this 
county, and settle up his debts ? 

Answer. He told me he had sold all his property and settled his 
debts; he settled with me ; he told me then he was going to Missouri 
to live 


Cross- examined. 

By Mr. Chrisman’s attorney. Did said Farmer carry any property 
with him to Missouri that you know of? 

Answer. I do not know. 

By same. Do you know anything about the time of his return to 
Cumberland county, except that you first saw him here last Novem¬ 
ber, or sooner, and is not that all you know about the time of his 
return, except hearsay ? 

Answer. That is all I know, except he told me when I first saw 
him that he was just from Missouri; this was, I think, in October, 
or later in the year 1858 ; he said he had moved back. 

By same. What are your politics, and for whom did you vote for 
Congress at the late election ? 

Answer. I am an oppositionist generally. I voted for S. H. Bowles, 
democrat, for Senate. 

JO. B. ALEXANDER. 

Also the deposition of Milton Smiley, taken at the same time and 
place, and for the purposes mentioned in the caption, and, after being 
first duly sworn, stated as follows, viz: 

By Mr. Anderson’s attorney. Are you or not well acquainted with 
Joseph C. Paw, who voted for Wm. C. Anderson for Congress at the 
late August election, 1859, at the Burksville precinct; if so, state 
how long he had a residence in said district prior to said election ? 

Answer. I am well acquainted with him. He was born and raised 
in Cumberland county, and if he ever had a residence elsewhere than 
Cumberland I do not know it. He went to Missouri some years ago, 
in 1850, as I am informed, but stayed there but a few months. He 
had a residence in the said precinct in which he voted for nine or ten 
months before said election. 


KENTUCKY CONTESTED ELECTION. 


565 


By same. Ts he a man of family ? 

Answer. He has no family ; has never been married. 

By same. When did Benjamin F. Farmer return to this State and 
county from Missouri ? 

Answer. In the last of October or first of November, 1858. I 
saw him on his return from Missouri; his family was with him. 

By same. Are you or not acquainted with Wm. Wright, who voted 
for Wm. C. Anderson at the Marrowbone precinct, in Cumberland 
county, whose vote is challenged by James S. Chrisman? 

Answer. I am. 

By same. How long had he had a residence in Cumberland county 
and the said precinct where he voted prior to said election, August, 
1859. 

Answer. He has lived in said precinct for many years, claiming that 
place as his residence all the time. 

Cross-examined. 

By Chrisman’s attorney. Has the said William Wright a family or 
not? 

Answer. Yes, I think he has. 

By same. Has that family ever lived in the Marrowbone precinct 
of Cumberland county, Kentucky? 

Answer. They lived in said precinct some six or seven years ago, 
more or less. 

By same. Has that family lived with him in the said Marrowbone 
precinct in the last three or four years ? 

Answer. I do not know. 

By same. Have you ever seen him at any place he called home in 
said precinct at any time? 

Answer. Not for several years. 

By same. What place in the Marrowbone precinct has the said 
Wright claimed as his home in the last two years. 

Answer. I don’t know that. 

By same. Has he any house or land in said precinct ? 

Answer. I don’t know of any. 

By same. What is his probable age ? 

Answer. He looks to be 50 or 55 years old. 

By same. What are your politics, and for whom did you vote at 
the late election for Congress ? 

Answer. I am opposition throughout, and expect to remain so, 
and voted for Anderson. 

M. SMILEY. 

Also the deposition of John L. Akin, taken at the same place, and 
for the purposes mentioned in the caption, and on the 22d day of De¬ 
cember, 1859, who being of lawful age, and first sworn, states in re¬ 
sponse to question: 

By Mr. Anderson’s counsel. State if you were or not present at the 
late election at the Kettle Creek district of this county, and saw the 
votes recorded at said precinct; if so, state who recorded the votes at 
said election. 


566 


KENTUCKY CONTESTED ELECTION. 


Answer. I was not. 

By same. State if you know Henry Grimes; if so, where did he live 
at the last August election, and when did he move there, and where 
did he come from, when he moved there ? State all you know about 
him. 

Answer. I know Henry G. Grimes. He came into this State from 
Tennessee to his grandmothers last spring, and hired to James Allen 
to work. He worked there about two weeks, then left and went to 
Russell county, and stayed there until a short time before the election, 
not over three weeks before the election, and he left immediately after 
the election, and I have not seen him since. 

By same. Where and for whom did said Grimes vote at the last 
August election lor Congress. 

Answer. At Whetstone, for James S. Cbrisman, as I see from the 
poll-book. 

By same. Has said Grimes or not been challenged by W. 0. An¬ 
derson under the name of Henry Givins ? 

Answer. I see from looking at Anderson’s challenge that he has 
challenged a man by the name of Henry Givins. I know no such 
man in the county. 

By same. Are you or not well acquainted in the Lawson or Whet¬ 
stone district; and have you or not lived in the neighborhood of said 
district all your life ? 

Answer. I am well acquainted in said district, and lived in the 
district and the neighborhood of said district all my life. 

By same. Do you or not know of any other Henry Grimes in said 
district or county except the one spoken of? 

Answer. I do not. 


Cross-examined. 

By Mr. Chrisman’s attorney. Where was the said Grimes raised, 
if you know ? 

Answer. I think he was principally raised by Dr. John B. Ryan, 
of Cumberland county, Kentucky. 

By same. For what purpose or in what business did the said Grimes 
go to Tennessee, if you know ? 

Answer. I do not know, only this, he told me he married out there. 

By same. What time did he come into the said Whetstone precinct, 
in which he is supposed to have voted ? 

Answer. As well as I remember it was last winter, or spring of 

1859. 

By same. Does or not his grandmother live in the said Whetstone 
precinct, and did last spring? 

Answer. She did, and still does. 

By same Do you know on what business the said Grimes went to 
Russell, or that he went at all, except from hearsay? 

Answer. He told me when he came back that he went up there to 
work, and worked one month for Nathan McClure. I know he went 
only from his own word. 

By same. When he returned did he or not return to the Whet¬ 
stone precinct? 


KENTUCKY CONTESTED ELECTION 567 

Answer. He came in there ; he had no settled home as I know of; 
he was scouting about from place to place. 

By same. What proportion of the voters of said Whetstone precinct 
were you acquainted with at and prior to the last August election ? 

Answer. I reckon I know nearly every man in it who was a voter. 

By same. What are your politics, and for whom did you vote at 
the last August election ? 

Answer. I voted the opposition ticket throughout. 

By Mr. Anderson’s counsel. When said Grimes came back to this 
county from Tennessee did he bring his wife with him, or has he ever 
brought his wife from Tennessee to this State? 

Answer. He did not bring his wife with him when he came here, 
and never has, so far as I know, brought his wife from Tennessee to 
Kentucky. 

By same. When he left his grandmother’s and came to James 
Allen’s did he or not take his clothes with him, and have his washing 
done at said Allen’s; and does or not said Allen reside, and did when 
Grimes went there, in the Elliott precinct of this county ? 

Answer. When he left his grandmother’s and came to Allen’s to 
live he brought his clothes with him, and had his washing done there, 
and said Allen resided at the time Grimes went there in the Elliott 
district of this county. 

By same. Did he or not take his clothes and all he had with him 
when he went from Allen’s to Russell county? 

Answer. I think he did ; my recollection is he told me so. 

By same. Did said Grimes have any property in this State or county ? 

Answer. If he had anything but himself, it is more than I know. 

JOHN S. AKIN. 

Also the deposition of Robert T. Allen, taken on the same day, at 
the same place, to be read in the controversy mentioned in the cap¬ 
tion, who, being of lawful age, and first sworn, states, in answer to 
question by W. C. Anderson’s attorney: 

Are you or not acquainted with Henry G. Grimes, who voted at 
the Lawson district at the last August election for James S. Chrisman 
for Congress? 

Answer. I am acquainted with him ; he worked for my father not 
quite a month in March last. My father lives in Elliott district. 

By same. Where did said Grimes come from when he came to your 
house ? 

Answer. From May’s, where he had been two or three months before 
he came to our house. 

By same. Where did he come from when he came to May’s? 

Answer. He told me he came from Tennessee. He came to May’s 
about the 1st of September, 1858. 

By same. Where did he go when he left your father’s? 

Answer. He returned to my father’s, and told me he had worked 
with Nathan McClure during his absence. 

By same. After his return did he have any settled home? 

Answer. None that I know of. 

By same. Had he or not a wife and family in Tennessee? 


568 


KENTUCKY CONTESTED ELECTION. 


Answer. He told me he had a w r ife there. 

By same. Did he bring his wife to this State with him ? 

Answer. He did not bring her in our neighborhood, hut while he 
lived with my father he told me he had a wife in Tennessee. 

By same. Is he or not now in your neighborhood; if not, where is 
he, and have you seen him since the election ? 

Answer. He is not now in our neighborhood ; I don’t know where 
he is ; have not seen him since the election. 

By same. Do you or not know any other Henry G Grimes in this 
county, and are you or not tolerably well acquainted in Lawson dis¬ 
trict, and have you or not lived in two or three miles of said district 
all your life? 

Answer. I know of no other Henry Grimes or Henry G. Grimes in 
said district or county, and am tolerably well acquainted in said dis¬ 
trict, and have lived in a few miles of said district all my life. 

Cross-examined. 

By Mr. Chrisman’s attorney. Is or not the place of May’s, from 
which said Grimes went when he w T ent to your father’s to work, in 
the Whetstone precinct ? 

Answer. I think it is. 

By same. How long did he work at your father’s? Did he or not 
come there to work a month, and not to make his home there? 

Answer. He set in for a longer time than a month. If my father 
liked him, he was to have $9 50 per month and his washing, &c., 
done. Ten months was the time for which he set in, if my father 
liked him. He left a little short of the first month. 

By same. Was he or not raised in Kentucky, and did he ever have 
a home in Tennessee that you know of? 

Answer. I don’t know where he was raised. He lived with Dr. 
Byan, in Cumberland county, Kentucky, awhile. I know of no home 
or place of residence that he ever had in Tennessee. He told me he 
went there and stayed four or five years, and married there. 

By same. What are your politics, and for whom did you vote at 
the last August election ? 

Answer. I voted the opposition ticket straight out. 

By Mr. Anderson’s counsel. Where did J. G. Murphy vote at the 
late August election, and for whom for Congress; and where did he 
reside at said election ? 

Answer. He voted at the Whetstone precinct of this county, and 
for James S. Chrisman for Congress, as I see from looking at the poll- 
hooks. He resided, I think, at his father’s, in the Elliott precinct of 
this county. I saw him there sick on the day of the election. 

By same. Is he or not a man without family, and did he have any 
other home at said election beside his father’s, and is there any other 
J. G. Murphy living in the Whetstone precinct, beside the one spo¬ 
ken of? 

Answer. He has no family that I know of, and he had no other 
home beside his father’s, at said election, that I know. I don’t think 
there is, or was at the recent election, any other J. G. Murphy living 
in said precinct, beside the one spoken of. 


KENTUCKY CONTESTED ELECTION. 


5 r 9 


By Chrisman’s attorney. Do you know where the said Mr. Mur¬ 
phy’s home was last August election ? If you do, how do you know ? 

Answer. I don’t know where his home was at the last August elec¬ 
tion, unless it was at his father’s. He was there then and has been 
there ever since. 

How do you know he has been there ever since? 

Answer. I live within two or two and a half miles of his father’s; 
have seen him there frequently ; if he has had any other home I know 
nothing about it, since the election. 

By same. Did he or not live and keep house and make a crop in 
the Whetstone or Bowman precinct, in which he is supposed to have 
voted this present year, 1859? 

Answer. He lived in said Whetstone precinct, and kept house there 
and started to raise a crop there. I saw him at his father’s on the 
day of the August election, which was the first I saw of him there 
after he commenced his said crop, which was on his cousin James 
Murphy’s land, in the Whetstone precinct. 

By same. Do you know when he left the said place where he com¬ 
menced his crop as you have said ? 

Answer. I was not there to see him leave; I know nothing about 
when he left. 

By same. Did he or not rent the land on which he farmed, for this 
present year entire? 

Answer. I never heard him say. 

By same. Did he or not leave the place where he was living, before 
the election, and remain away ever since? 

Answer. He did, and has never been back there since, that I 
know of. 

R. T. ALLEN. 

Also the deposition of A. B. Cheatham, taken on the same day, at 
the same place, to be read as evidence in the contest mentioned in the 
caption, who, being of lawful age and first sworn, states in answer to 
interrogatories: 

By W. C. Anderson’s attorney. What is your age and occupation? 

Answer. I am forty years old and clerk of the Cumberland county 
court. 

By same. Is or not the poll-book of the Whetstone or Lawson dis¬ 
trict, for the year 1859, on file in your office? If so, will you make 
a copy of the same a part of your deposition.. 

Answer. The poll book of the Lawson district, or Whetstone dis¬ 
trict, is on file in my office, a copy of which is herewith filed and 
referred to as part of this deposition. Said copy is signed by me with 
the seal of the said court, and marked on the last page first above my 
certificate, (Z.) 

By tbe same. Are you or not acquainted with Thomas A. Vaughan, 
who voted at the last August election, for William C. Anderson for 
Congress? 

Answer. I am. 

By same. Do you or not know any other Thomas A. Vaughan than 
the one you kave allued to, and did you or not see and hear him vote 
at the said election ? 


570 


KENTUCKY CONTESTED ELECTION. 


Answer. I know of no other Thomas A. Vaughan, and he voted at 
the last August election for William C. Anderson for Congress. 

By same. Was or not said Vaughan convicted and sentenced to the 
penitentiary, a few years since; and has there or not ever been any other 
Thomas A. Vaughan, or any other Vaughan, sentenced to the peni¬ 
tentiary for the last twenty years, from this county ? 

Answer. Said Vaughan was convicted and sentenced to the peniten¬ 
tiary some years since, and I know of no other Vaughan that has ever 
been sentenced to the penitentiary. 

By same. How long have you been a resident of this county ? 

Answer. Forty years, except two years. 

By same. Were you or not clerk of the election in August, 1858 ? 

Answer. I was not. 

N. B. CHEATHAM. 

Also the deposition of Robert C. Logan, taken at the same place 
and for the purposes mentioned in the caption, and on the 22d day of 
December, 1859, who, being of lawful age and first sworn, states in 
answer to question : 

By Mr. Anderson’s counsel. Were you or not present at the 
Kettle Creek precinct of Cumberland county at the recent August elec¬ 
tion ? If so, state who recorded the votes at said precinct. 

Answer. I was present at the last August election at the Kettle 
Creek precinct from and before the polls were opened up to about two 
o’clock in the evening. Mr. Thomas Q. Watkins was the clerk of 
the election, and recorded about twelve or fourteen of the first votes 
cast, and Calvin C. Hughes, one of the judges, recorded the balance 
of said votes during the time I remained there; most of the votes 
given were cast before I left there. I am acquainted with the hand¬ 
writing of said Hughes from having seen him frequently write, and all 
the votes except about twenty-five are recorded in his handwriting. 

By same. State if you know the politics of said Hughes, and whether 
or not the mistake made at said precinct against Chrisman is or not 
in the handwriting of C. C. Hughes. 

Answer. C. C. Hughes is a democrat, and the mistake made in the 
poll-books of said district is in the handwriting of said Hughes. 

By same. Were you or not present when C. C. Hughes first com¬ 
menced recording the votes at said election ; and did the clerk, judge, 
and sheriff of said election consent to said Hughes’ recording the 
votes, or authorize him to do so ? 

Answer. I can’t state whether I was or not ; I was near the door 
when the votes were taken from the time the polls were opened until 
I left there about two o’clock, with intervals of a few moments at a 
time ; I heard no consent by any of the officers for said Hughes to 
take down the votes. 

By same. How long have you been clerk of the Cumberland circuit 
court, and how long have you been residing in this county? 

Answer. I have been clerk of the Cumberland circuit court since 
June, 1851, and have resided in this county since January, 1846. 

By same. Do you know of but the one Thomas A. Vaughan being 
convicted to the !8tate prison from this county during that time ? 


KENTUCKY CONTESTED ELECTION. 


571 


Answer. No other Thomas A. Vaughan has been convicted to the 
penitentiary since I have been clerk or since I lived in this county. 

By same. Are you or not acquainted with John Johnson, John J., 
generally called James Smith, and Jacob Dulworth? If so, when 
and lor whom did they vote at the late election for Congress? State 
if there are any other men by their names besides these, living in Ket¬ 
tle Creek precinct of Cumberland county, or was at the late election. 

Answer. I am acquainted with John Johnson, son of Juisev John¬ 
son, and also John J. Smith, commonly called James Smith, who lives 
on Hendrick’s creek, and with Jacob Dulworth, and each of them voted 
at the Kettle Creek district at the last August election for James S. 
Chrisman for Congress. There was no other men by the names of 
Jacob Dulworth and John J. Smith living in said district so far as I 
know. I know a man by the name of John L. Johnson who lives in 
the upper part of the said district, but he voted for William C. An¬ 
derson for Congress at said election. 

By same. State all you know about Jacob Dulworth not being a 
legal voter at said election. 

Answer. I know tnat said Dulworth, with his brother, left here some 
twelve or eighteen months since, or probably before, for California, 
and at the last May election, in the Kettle Creek district, I saw him, 
and he told me that a short time before that he had returned from 
California. 

By same. Where and for whom did William Sevier vote at the late 
August election lor Congress ; and is there, or was at said election, any 
other man by that name living in the district where he voted beside 
himself? 

Answer William Sevier voted at the last August election at the 
Kettle Creek district tor William C. Anderson for Congress, and there 
is no other man who is a voter in said district of which I have any 
knowledge by that name. 

By same. Are you or not well acquainted in the Kettle Creek pre¬ 
cinct of this county ? 

Answer. I am ; there are but few voters in said district with whom 
I am not acquainted. 

By same. Where does John J. or James Smith live, and did live at 
said election ? Did he or not live on the Tennessee side of the reputed 
line recently run by commissioners from Tennessee and Kentucky, 
selected to remark the line between said States ? 

Answer. John J. Smith lives on Hendrick’s creek, and he lives on 
the Tennessee side of the late liue run by the commissioners appointed 
by the States of Tennessee and Kentucky to remark the line between 
said States, if I have been correctly informed where said line runs ; I 
have never seen the line as run by said commissioners, but general 
report places said Smith on the Tennessee side of said line. 

By same. Did or not James S. Chrisman, when taking his own 
proof in this county, state that he was going to send a man at the 
taking of Anderson’s proof to consume time in the cross-examination? 

Answer. He did. 

By Chrisman’s attorney. Did he or not say, also, that M. H. 
Owsley, who cross-examined his witnesses at this place, Burksville, 


572 


KENTUCKY CONTESTED ELECTION. 


Kentucky, cross-examined by asking many impertinent questions to 
consume time ? 

Answer. He said that he was asking questions to consume time, but 
don’t recollect that he said they were impertinent. 

By same. Was or not Jacob Dulworth, of whom you have spoken, 
a young man without a family; and did he or not go with the avowed 
intention of returning ? 

Answer. He was a young man without family ; I do not know his 
intention in going to California. 

By same. Was or not the said Dulworth raised in this Cumberland 
county ; and are not his parents still here? 

Answer. He had been living in this county ever since I knew him, 
which has been ten or twelve years, and his parents then resided in 
this county, and still reside in said county. 

By same. Are you or not opposition in your politics ? 

Answer. I am, and voted for William C. Anderson at the last 
August election for Congress, and for Samuel H. Boles, democratic 
candidate for State senator, who was opposed to William A. Hoskins, 
a clever gentleman, a man of talent, and an oppositionist; and as 
others, whose depositions Mr. Chrisman took, have given their reasons 
for voting for Chrisman against Anderson, I suppose I may be par¬ 
doned for doing so. I voted for Anderson against Chrisman first, 
because I liked Anderson politically and personally better than 
Chrisman ; secondly, because I never have, never will, nor never can 
vote for any man who, in a public speech, makes assertions and 
charges, and then attempts to prove them by negro testimony. 

R. C LOGAN. 

Also the deposition of Samuel Lewellin, taken on the same day, at 
the same place, to he received as evidence in the case mentioned in 
the caption, who, being of lawful age, and first sworn, states, in 
answer to interrogatories by William C. Anderson’s attorney : 

State if you know Samuel Sparks, who voted for Chrisman at the 
last August election in Burksville. 

Answer. I do. 

By same. State when and under what circumstances he came to this 
county ? 

Answer. I employed him to come here to work at the carpenter’s 
business ; he came here the 3d of January last. 

By same. State whether or not, while he was working for you, he 
had any settled home, and did he or not work at any place in the 
county whpre you had work to do and directed him to go ? 

Answer. He had no settled home, and worked wherever I directed 
him to go. 

By same. Did he or not several times during the time he worked 
with you get sick ; and if so, did he remain here, or where did he go ? 

Answer. He was sick several times while he was here, and he went 
to his brother-in-law’s or friends in Adair county. 

By same. Whenever he was not employed by you, did he or not 
leave the district and county and go to Adair ? 

Answer. That is what he told me he was going to do. 


KENTUCKY CONTESTED ELECTION. 


573 


By same. Where is he now ? 

Answer. I don’t know. 

By same. Did he or not tell you he was going to Adair county 
when he left here last ? 

Answer. He did. 

By same. Had you or not the right to discharge said Sparks at any 
time while he lived with you ; and while he remained in employment, 
had you or not the right to control his place of residence? 

Answer. I had the right to discharge him at any time, and while 
he remained in my employment I had the right to control his place of 
residence and did control it, and kept him in this district for sixty 
days before the last August election. 

By same. Where did said Sparks come from when he came here to 
work with you. 

Answer. From Glenn’s fork in Adair county. 

By same. Was or not Samuel Morrison employed by you on the 
same terms as said Sparks, and did he or not come from Adair county 
and return there to vote, and was he or not working for you up to the 
last August election, and did he or not return and work for you after 
said election. 

Answer. I answer the whole of said question in the affirmative. 

By Chrisman’s attorney. How long before the last August election 
did the said Samuel Sparks reside and make his home in the Burks- 
ville precinct No. 1 of Cumberland county, in which he voted. 

Answer. He was a resident of Burksville, Cumberland county, 
Kentucky, from about the 10th of April until now, except the times 
he went to Adair, after he would get sick, as I have stated. 

By same. Had he any home but Burksville from April last until 
the August election ? 

Answer. I don’t know, but I expect not; I can’t say positively. 

By same. Do you or not control his residence as you have stated 
while he stays with you, and is he or not living with you to learn the 
carpenter’s trade? 

Answer. Certainly I do control his residence ; he is hired by the 
month at the rates of so much a year. There is no arrangement as to 
how long he is to remain ; he could leave me any day. I pay him for 
the year 1859 at the rate of $120 per year, and for 1860 by the day. 

By same. Was he absent at all from the Burksville precinct for 
sixty days next before the last August election? 

Answer. I can’t recollect. 

By same. Are not his parents dead, and were before you hired him ? 

Answer. They were. 

By same. Has he any estate or property anywhere? 

Answer. None that I know of. 

By same. Did he or not remain with you a part of the time while 
he was sick ? 

Answer. He stayed in Burksville, Cumberland county, Kentucky, 
while sick a part of the time. 

By same. Did you or not live in the town of Burksville, Cumber¬ 
land county, Kentucky, and did for how long before the last August 
election ? 


574 


KENTUCKY CONTESTED ELECTION. 


Answer. I do; and had lived in the Burksville precinct No. 1, in 
Cumberland county, for ten months or more prior to this time, but 
not in town until since the election. 

By same. Are you or not of opposition politics ? 

Answer. I voted with the opposition, except for S. H. Boles, demo¬ 
crat. 

By Mr. Anderson’s attorney. When you state said Sparks was a res¬ 
ident of Burksville, do you or not only mean that he was working for 
you from the 10th of April until now, and do you know where he 
claimed his residence? 

Answer. I only mean he was working for me in this precinct; I 
don’t know where he claimed his residence. 

By same. Can you say that Burksville was his home from last April, 
and is it or not a mere opinion of yours ? 

Answer. I can’t say whether Burksville was his home or not, it is a 
mere opinion 

By same. Did said Sparks, while working with you, make your 
house his home, or did he or not board and sleep and live wherever 
he worked? 

Answer. He did not make my house his home, but boarded at and 
slept wherever he was at work. 

By same. Did he or not work in other districts than this while he 
was employed by you ? 

Answer. Yes, he did, but not after he came to town to work. 

By same. Is or not Samuel G. Morrison hired by you for the next 
year in the same way that Sparks is ? 

Answer. Yes, he is. 

By same. When Sparks was sick, or at other times when he would 
go to Adair, did he or not speak of going home? 

Answer. Yes, sir ; he always called it home. 

By Mr. Chrisman’s attorney. Where did he keep his clothes and 
washing while at work with you ? 

Answer. He kept his clothes and washing wherever he boarded and 
worked, and I paid for his washing ; my employers were to board my 
hands in the contracts. 

By same. Do you know of any one place that he went to more than 
another in Adair county when he would leave you occasionally, as 
you have stated ? 

Answer. No, sir ; I don’t. 

By Anderson’s counsel. Did or not said Sparks vote in Burksville 
at the last August election ; and if so, for whom did he vote for Con¬ 
gress ? 

Answer. He did ; said Sparks told me he voted in the Burksville 
district for James S. Chrisman, and I see his vote so recorded on the 
poll-books. 

SAMUEL LEWELLIN. 


Adjourned until to-morrow at nine o’clock at the court-house in 
Burksville, Kentucky. 


JAMES HAGGARD, 
Presiding Judge of Cumberland County. 


KENTUCKY CONTESTED ELECTION. 


575 


Met pursuant to adjournment, December 23, 1859. 

Also the deposition of J. S. Bledsoe, taken on the 23d day of De¬ 
cember, 1859, at the place and for the purposes mentioned in the 
caption, who, being of lawful age and first sworn, states in answer to 
question : 

By W. C. Anderson’s counsel. Are you or not acquainted with 
John Wright; if so, where and for whom did he vote at the recent 
election for Congress? 

Answer. I am acquainted with said Wright, and I see from exam¬ 
ining the poll-books that he voted at district No. 1 (Burksville) of 
Cumberland county, Kentucky, and for James S. Chrisman for Con¬ 
gress. 

By same. Is there any other man by that name, or was at the late 
August election, living in said district beside the one spoken of? 

Answer. I know of no other, and I reckon I know nearly all in said 
district. 

By same. State all you know about said Wright not being a legal 
voter at said election ? 

Answer. Mr. Wright came to see me sometime last winter and 
told me Wm. F. Owsley sent him to me to let him know if I would 
permit him to build on my land. He told me at that time that he 
could get work to do in this county, and if he could get a place he 
would bring his wife here from the State of Tennessee to live. I let 
him build a house on my land, and he brought his wife there either 
in the latter part of the winter or first of the spring of 1859 ; and he 
told me he brought her from his father’s or father-in-law’s in Ten¬ 
nessee. 

By same. Are you or not acquainted with Joseph H. Bird ; if so, 
where and for whom did he vote for Congress at the late election ? 

Answer. I am acquainted with said Bird, and I see, from looking 
at the poll-books, he voted in district No. 1 of Cumberland county, 
and for James S. Chrisman for Congress. 

By same. State all you know of said Bird’s living in this county 
prior to the last August election. 

Answer. He came here sometime last spring and taught school, 
and remained about five months. He told me he came from Adair 
county, is my recollection. 

By same. When he left here did he or not return to Adair county ; 
and did he ever live in this county prior to last spring ; and has he 
ever been back here to live any length of time since he left after con¬ 
cluding his school ? 

Answer. My best recollection is he told me he was going back to 
Adair county. So far as I know he never lived here prior to last 
spring, nor since he left here. 

By same. Is or not said Bird a single man ; and was there any other 
man of the same name, at the last election, living in district No. 1 of 
this county beside the one spoken of? 

Answer. He said he was a single man, and if there was any other 


576 


KENTUCKY CONTESTED ELECTION. 


man by that name living in district No. 1 of this county, beside the 
one spoken of, I don’t know it, and I don’t think there was. 

By same. Was there any such man as James H. Bird residing in 
Cumberland county at the late election ; and is or not Joseph H. Bird 
challenged by Anderson as James H. Bird? 

Answer. There was no such man as James H. Bird that I know of 
residing in this county at the late election ; and I don’t know whether 
Joseph H. Bird is challenged by Anderson as Joseph H. Bird or not. 

By same. How long had Bretton Smith, who voted at the Whet¬ 
stone precinct, or district No. 3 of this county, and for W. C. Anderson 
for Congress, and who has been challenged by Chrisman as an illegal 
voter, been living in said district prior to the last August election? 

Answer. To the best of my recollection he had been living in said 
district prior to the last August election some twelve or eighteen 
months. 

By Chrisman’s attorney. Did or not the said John Wright live 
and reside in Cumberland county for many years prior to the time he 
spoke of bringing his wife from Tennessee? 

Answer. I understand from him that he resided with Benjamin 
Vaughan, of Cumberland county, Kentucky, the year or summer be¬ 
fore he spoke of bringing his wife from Tennessee, as I have stated. 

By same. Did he ever live in Tennessee himself ; and is it not true 
that he went from Cumberland county, Kentucky, to Tennessee and 
married, and afterwards brought her to Cumberland county, Kentucky, 
where they now reside ? 

Answer. He informed me that he had lived in Tennessee. The first 
I knew of his living in Cumberland county, Kentucky, was when he 
lived with Benjamin Vaughn, as I have stated. He had his wife at 
Benjamin Vaughn’s, and kept house there, I understood. I don’t 
know about his marriage. 

By same. Where did the said Britton Smith’s family reside at the 
last August election ; in what voting precinct of Cumberland county, 
Kentucky ? 

Answer. They, his wife and family, resided in district No. 1, or 
the town voting precinct of said county, and he voted in the Whet¬ 
stone or Bowman’s precinct of same county. 

. By same. How long had his family resided in the said town pre¬ 
cinct prior to last election ? 

Answer. From five to ten years, and still do. 

By same. Was he or not in the Whetstone precinct, as you have 
stated, for the temporary purpose of selling liquors? 

Answer. I don’t know his object. He had a liquor establishment 
there, and selling liquor was his business. 

By Anderson’s counsel. Did or not said Britton Smith live separate 
and apart from his family during the time you have spoken of his 
living in the Whetstone precinct ? 

Answer. He did, so far as I know. 

By Chrisman’s attorney. Do you know that he did not visit his wife 
and family frequently in the time, and keep his clothes there ? 

Answer. I don’t know anthing about that. 


JOY T. BLEDSOE. 


KENTUCKY CONTESTED ELECTION. 


577 


Also the deposition of Maston Glidewell, taken on the same day, 
at the same place, to be read in the contest mentioned in the caption, 
who, being of lawful age and first sworn, states in answer to inter¬ 
rogatories : 

By Anderson’s attorney. State whether or not you are the father of 
John M. Glidewell, who voted at the Whetstone or Lawson district 
in Cumberland county ; and if so, for whom did he vote at the last 
August election for Congress ? 

Answer. I am his father, and he voted, as I am informed, for Wm. 
C. Anderson for Congress. I did not see him vote. He told me so. 

By same. Was he or not born and raised in this county, and in the 
Whetstone district ? 

Answer. He was. 

By same. Did he ever live out of this county, except for temporary 
purposes, at any time ? 

Answer. Only when he went to Tennessee to work. 

By same When he went to Tennessee, did he or not leave at your 
house hogs and other property, and tell you that he was only going 
there to work during the season, and would return in the fall ? 

Answer. He did. 

By same. Did he or not return before fall, and how long did he 
stay in Tennessee ? 

Answer. He returned before fall. Don’t think he was gone over 
three or four months. 

By same. Did he or not leave his wife here, or in the district in 
which he voted, when he left ; and did he or not return ; and are 
they or not now living together in that district ? 

Answer. He left his wife in that district when he left, and she 
remained in said district all the time ; and said John Glidewell 
returned, and he and his wife are still living in said district. 

By same. Has said John Glidewell had any other home than this 
county, and the Lawson or Whetstone district? 

Answer. Never that I know of. 

By same. Is there any other John Glidewell in said district? 

Answer. None that I know of. 

By same. Have you or not been living in said district twenty or 
twenty-five years, and are you or not well acquainted in said district? 

Answer. I have been living there that long, and am as well ac¬ 
quainted in said district as any man, and there are but few voters in 
said district with whom I am not acquainted. 

By Chrisman’s attorney. When did he go and when return from 
Tennessee ? 

Answer. He went last spring, 1859, and returned before the election 
last August. 

By same. Where did his wife stay while he was in Tennessee ? 

Answer. 8he stayed at her lather’s most of the time, and a part at 
my house, both in said precinct. 

By same. Was there any difference between him and his wife before he 
left; or what was the cause of his leaving? Were they not separated ? 

Answer. He told me there was a difference between them ; he did 
not tell me whether he would live with her any more or not; she was 
H. Mis. Doc. 11-37. 


578 


KENTUCKY CONTESTED ELECTION 


at my house when he left; he left a trunk, some hogs, and some 
clothes at my house ; he told me he was going to Tennessee to work ; 
I did not inquire into the matter of their difference, and don’t know 
whether the intention was a final separation or not. 

By same. Do you know how their difference was settled, or what 
brought them together ? 

Answer. I do not know. 

By same. Had he any clothes made or washing done at your house 
during his absence ? 

Answer. I don’t know whether he did or not. 

By same. What are your politics ? 

Answer. Democratic. 

By W. C. Anderson’s attorney. Did or not said Glidewell and wife 
live together up to the time he left for Tennessee ; and did he or not 
leave her at your house when he did leave ? 

Answer. They lived together until he started; and he left her at 
my house when he started. 

By same. You have stated that said John left some of his property 
at your house when he started; now, did he sell any part of his 
property before he left ? 

Answer. He sold none that I know of. 

By same. Did he take any property with him ? 

Answer. He only took the horse he rode and some of his clothing, 
so far as I know. 

By same. Did you or not see him start ? 

Answer. Yes, sir. He left no land that I know of, and owned none 
that I know of anywhere. 

his 

MASTON M GLIDEWELL. 

mark. 

Also the deposition of Robert J. Cox, taken on the same day, at 
the same place, for the purposes mentioned in the caption ; the de¬ 
ponent being of lawful age and first sworn, states, in answer to in¬ 
terrogatories ; 

By Wm. C. Anderson’s attorney. State if you are acquainted with 
John Cooksey ; if so, where and for whom did he vote for Congress at 
the last August election ? 

Answer. I am well acquainted with said John Cooksey ; he voted 
at the Whetstone district; he voted for James S. Chrisman for Con¬ 
gress at the last August election. 

By same. Where did said Cooksey live at the last August election ? 

Answer. He lived in Clinton county, at the widow Brown’s. 

By same. How long had he lived there ? 

Answer. I don’t know. 

By same. Was he or not living there before the election in last 
August ? 

Answer. He was. 

By same. Are you or not well acquainted with said district; and is 
there any other John Cooksey in said district ? 

Answer. I am well acquainted with said district, and there is no 
other John Cooksey in said district that I know of. 


KENTUCKY CONTESTED ELECTION, 


579 


By same. Did or not said Cooksey tell you that he had moved to 
Clinton, and had left some ot his clothes in the Lawson district in 
order to get to vote ? 

Answer. He did. 

By same. Are you or not acquainted with Britton Smith, who voted 
at the Whetstone or Lawson district: if so, for whom did he vote for 
Congress at the last August election ? 

Answer. I am well acquainted with him, and he voted for William 
C. Anderson at the last August election for Congress. 

By same. State if you know where he lived, and how long he had 
lived there at said election. 

Answer. He was living here when I came back to this county, and 
that was over a year before the last August election. 

By same. Has he ever lived out of this county ? 

Answer. Never in my recollection. I have been living here some 
twenty years. 

By same. Did he live with his family while living in said district? 

Answer. He did not. 

By same. Did he or not rent the place on which he lived, in the 
Lawson or Whetstone district, and hired the woman who lived with 
him to cook and wash for him ? 

Answer. He did. 

By same. State all you know about John Glidewell’s going to Ten¬ 
nessee and returning, and what he told you on that subject prior to 
last August election. 

Answer. I know nothing about his going; and as he returned from 
Tennessee, he told me he had stayed longer than he had expected. 

By same. How long did he stay in Tennessee? 

Answer. Some four or five months I think. 

By same. Was he or not born and raised in the Whetstone district, 
in Cumberland county ? 

Answer. He was. 

By Mr. Chrisman’s attorney. How do you know that John Cooksey 
lived at the widow Brown’s, in Clinton county, at the August election? 

Answer. I saw him there in July and in August, and in Sep¬ 
tember, and I think in the forepart of June. 

By same. What did he follow while at the widow Brown’s? 

Answer. Farming. 

By same. Did he make a crop there? 

Answer. He went there after the crop was pitched, and worked and 
helped to make it. 

By same. Was he or not a young and single man ? 

Answer. He was. 

By same. Who did he live with in the Whetstone precinct of Cum¬ 
berland county, Kentucky, before the election? 

Answer. I think he lived with John Scott. 

By same. With whom did he live while he lived in the Whetstone 
precinct ? 

Answer. Benjamin M. Young. 

By same. How long did he live at said Young’s, and when did he 
leave there ? 


580 


KENTUCKY CONTESTED ELECTION. 


Answer. He lived there a year or so, and I think he left Benjamin 
Young’s in April ; I won’t be positive. 

By same. How do you know that he left Young’s at all, and when ? 

Answer. I know by seeing him at John Scott’s, and by his own 
language. 

By same. Had he any property ? 

Answer. He had a blind horse. 

By same. Do you know that he ever removed his clothes from Ben¬ 
jamin Young’s ? 

Answer. I saw him carrying them, and went with him. 

By same. Did or not said Britton Smith’s family reside all the time 
he sold liquor in the Whetstone pjecinct in the Burksville precinct, 
No. 1, Cumberland county, Kentucky, and does he not now reside 
there with them ? 

Answer. They lived during the time referred to in the question, in 
Scott’s Bottom ; I don’t know whether in the town precinct, No. 1, in 
Cumberland county, Kentucky, or not; I don’t know where the line 
runs. 

By same. How far was his liquor establishment, at which he lived 
and sold liquor, from his family’s residence? 

Answer. About seven miles, I reckon, part of the time, and a part 
about three and a half; he moved his liquors several times—as many 
as three that I know of. 

By same. Is he or not now living with his family at Scott’s Bot¬ 
tom and quit selling liquor? 

Answer. I don’t know. 

By same. Did or not John M. Glidewell part with his wife upon 
some difficulty with her when he went to Tennessee? 

Answer. He told me he went off on account of a fuss between him 
and Brook ; he said he bad no difficulty with his wife. 

By same. What are your politics ? 

Answer. Opposition. 

ROBERT J. COX. 

Also the deposition of M. L. Harris, taken on the 23d day of Decem¬ 
ber, 1859, betore the same person, at the same place, and for the pur¬ 
poses mentioned in the caption, who, being of lawful age and first 
sworn, states in answer to questions: 

By Anderson’s counsel. Are you or not acquainted with the Brit¬ 
ton Smith mentioned in the foregoing deposition of R. J. Cox ; if so, 
how long had he been residing in the Whetstone precinct of Cumber¬ 
land county, where said Smith voted, prior to the late August elec¬ 
tion ? 

Answer. He voted at the August election, 1858, in said precinct, 
and if he lived out of said precinct from that time until the August 
election, 1859, I don’t know it. 

By same. Was and is not said Smith very old, infirm, and a crip¬ 
ple; and can he well get about? 

Answer. He is getting old and is infirm and a cripple, and can’t 
get about very well. He did ride to the election in 1858. 


KENTUCKY CONTESTED ELECTION. 581 

By same. Were you or not the assessor to list the taxes for Cum¬ 
berland county, Kentucky, for the year 1859 ? 

Answer. 1 was. 

By same. Did Samuel Sparks or Joseph H. Bird, who voted for 
James S. Chrisman in the Burksville precinct, district No. 1 of Cum¬ 
berland county, list their taxes for the said year 1859 ? 

Answer. I don’t recollect of their listing, and I don’t find their 
names in the copy of the assessor’s books now on file in the Cumber¬ 
land county clerk’s office. 

By same. Did A. J. Wilkinson, who voted at the Whetstone pre¬ 
cinct of Cumberland county, and for J. S. Chrisman for Congress, list 
his taxes for the year 1859 in this county ? 

Answer. I don’t recollect that he did, and I don’t find his name on 
the copy of the assessor’s books now on file in the Cumberland county 
clerk’s office. I didn’t take the whole list myself. 

By Chrisman’s attorney. Did you ever call on either of the three 
above-named gentlemen for their list? 

Answer. There were some of Samuel Lewellin’s and Thompson’s 
hands I called on, and some, I don’t recollect their names, told me 
their homes were not here. The hands of Lewellin, that were at 
work on a house in Burksville when I called on them, told me their 
homes were not in this county. 

By same. Did or not Britton Smith’s wife and family live in the 
tovn precinct, No. 1, while he. Smith, sold liquors in the Whetstone 
precinct, No. 3, and are they not now living together in the first- 
named precinct ? 

Answer. His wife and family lived in Scott’s Bottom at the time, I 
suppose, in the town precinct, while he sold liquors in the Whetstone 
precinct; my politics are opposition. 

M. L. HARRIS. 

Also the deposition of A. G. Waggener, taken at the court-house 
in the town of Burksville, Kentucky, before James Haggard, pre¬ 
siding judge of Casey county, on the 23d day of December, 1859, 
and for the purposes mentioned in the caption of these depositions, 
who being of lawful age and first sworn, states: 

Question by Anderson’s attorney. Are you or not acquainted with 
Joseph H. Bird; if so, did you or not give W. C. Anderson his name as 
a voter whom he should challenge, and did you or not give his name 
as James H. instead of Joseph H. Bird ? 

Answer. I am acquainted with said Bird, and my recollection is I 
gave Anderson his name as a voter whom he should challenge, and 
gave it to him as J. H. instead of Joseph H. Bird, which last is 
his name. 

By same. State all you know about said Bird not being a legal 
voter at the recent election. 

Answer. I know that he came from Adair county to this for the 
purpose of teaching school last spring ; he taught a little upwards of 
five months and left again. 

By same. Are his parents living ; if so, where do they and did 
they at the August election reside ? 


582 


KENTUCKY CONTESTED ELECTION. 


Answer. His parents are living and were at said election, and they 
lived in Adair county at the late election. 

By same. While he was teaching school here did he or not fre¬ 
quently call Adair countv his home ; and when he would he going to 
Adair, while here, would he or not say he was going up home ; and 
would he or not frequently say he was going to town to get a letter 
from home P 

Answer. He frequently spoke of going home to his father’s, in 
Adair county, and did go, and he would say he was going to town to 
get a letter from his friends in Adair, that he wanted to hear from 
home. 

By same. Where and for whom did he vote at the late August 
election for Congress ? 

Answer. He voted for James S. Chrisman for Congress, in the 
Burksville precinct of Cumberland county. 

By same. Is there any other man by that name, or was there at the 
late August election, living in the Burksville precinct of this county, 
and was there any such man as James H. Bird living in the said pre¬ 
cinct at that time ? 

Answer. I don’t think there was ; in fact I know it; and there was 
but the one Bird in the district at that time. 

By same. Where and for whom did Samuel Sparks, John Wright, 
Benjamin F. Farmer, John Neil, and Gi. J. Furquin vote at the 
recent August election? 

Answer. They all voted in the Burksville district of Cumberland 
county, Kentucky, and for J. S. Chrisman for Congress. 

By same. Were there any other men by their names living in said 
district at said election ? 

Answer. I think none ; and I think I know every man who lived 
in the district at that time. 

By same. They have proven in the depositions that were taken here 
by Chrisman that you were one of the board of examiners to com¬ 
pare the polls for this county, and that you hesitated to send on to 
Frankfort a corrected certificate ; state the facts connected with that 
transaction so far as you are concerned. 

Answer. I was one of the board of examiners for this county, and 
did hesitate to send on an amended certificate to Frankfort, be¬ 
cause I had already sent one certificate, and I believed that my office 
in that respect had ceased, because the time prescribed by law for 
comparing the polls had passed, and I did not believe I had any 
right to send another, but was all the time willing to send on a cor¬ 
rected statement to the secretary of state. 

By same. Did you ever discover said mistake until sometime after 
the polls were compared ? 

Answer. I did not until some eight days after the polls were com¬ 
pared, and so soon as I discovered the mistake I said I wanted to send 
some corrected statement of it. 

By same. Did or not Samuel Sparks, Joseph H. Bird, and A. J. 
Wilkinson pay you their taxes as sheriff of Cumberland county, for 
the year 1859 ? 

Answer. They did not. 


KENTUCKY CONTESTED ELECTION. 


583 


By same. Are you or not sheriff of Cumberland county, and how 
long have you been, and were their names on the tax-books? 

Answer. I am sheriff of Cumberland county, and have been acting 
as sheriff and deputy sheriff of this county for fourteen or fifteen 
years, and their names were not on the tax-books. 

By same. Did they ever pay any taxes to you? 

Answer. They never did. 

By Mr. Chrisman’s attorney. Was or not the certificate ot the 
county board of examiners for Cumberland county, made out by you 
and N. B. Cheatham, erroneous, in the race between Chrisman and 
Anderson for Congress, and did it or not give and count for Anderson 
in all a majority over Chrisman of fourteen votes more than Ander¬ 
son’s true majority in said county? 

Answer. V*e made a mistake in the performance of our duty as 
county examiners for Cumberland county ; when all mistakes are cor¬ 
rected, as we did do in an amended certificate, Anderson’s true ma¬ 
jority for Congress in said county of Cumberland, at the last August 
election, is and was fourteen votes less than shown by our original 
certificate to the governor of Kentucky, &c., the State board of ex¬ 
aminers ; either thirteen or fourteen, I think fourteen. 

A. G. WAGGENER. 

State of Kentucky, Cumberland County , set: 

I, James Haggard, presiding judge of the Cumberland county court, 
certify that Wm. F. Owsley, Thomas S. Ellison, Wm. S. Matthews, 
James M. Cloyd, Joseph M. Baise, Robert Elliott, Thomas Rhomines, 
Reuben Hicks, Edward B. Pace, Thomas Romines, James M. Riddle, 
R. G. Cole, James H. Cheek, Jos. B. Alexander, M. Smiley, John 
L. Akin, Robert Allen, N. B. Cheatham, Robt. C. Logan, Samuel 
Lewellen, Jos. S. Bledsoe, Maston Glidewell, Robt. J. Cox, M. L. 
Harris, A. G. Waggener, being first sworn by me that the evidence 
they should each give in the action mentioned in the caption should 
be the truth, the whole truth, and nothing but the truth, testified as 
shown in the foregoing deposition, by them subscribed respectively; 
the statements of the witnesses were reduced to writing by the attor¬ 
neys and agents for the parties, (by agreement of said attorneys,) 
except the statements of Wm. F. Owsley and R. C. Logan, which 
were reduced to writing by themselves in my presence ; the statement 
of all the witnesses were reduced to writing in my presence, read to 
and subscribed by them in my presence. The depositions were taken 
at the court-house in Burksville, Cumberland county, Kentucky. 

The depositions of Wm. F. Owsley, Thos. S. Ellison, Wm. S. Mat¬ 
thews, Jas. M. Cloyd, Joseph M. Baise, Robert Elliott, Thomas Rho¬ 
mines, and Reuben Hicks were taken on the 20th of December, 1859 ; 
and the depositions of E. B. Pace, Tho. Rhomines, J. M. Riddle, R. 
G. Cole, James H. Cheek, were taken on the 21st day of December, 
1859 ; and the depositions of J. B. Alexander, M. Smiley, John L. 
Akin, Robt. T. Allen, N. B. Cheatham, R. C. Logan, and Sam. Lew¬ 
ellen were taken on the 22d day of December, 1859 ; and the deposi¬ 
tions of J. S. Bledsoe, M. Glidewell, R. J. Cox, M. L. Harris, and 
A. G. Waggener, were taken on the 23d day of December 1859. 


584 


KENTUCKY CONTESTED ELECTION. 


Jos. E. Hays, attorney for James S. Chrisman, and M. H. Owsley, 
attorney, and R. C. Logan, agent, for Wm. C. Anderson, were present 
at the examination of the witnesses ; and Thos. C. Winfrey and John 
H. C. Sandidge, attorneys for Wm. C. Anderson, were present apart 
of the time. 

Given under my hand this 23d of December, 1859. 

JAS. HAGGARD, P. J. C. 0 . 


State of Kentucky, Cumberland County , set: 

I, N. B. Cheatham, clerk of the Cumberland county court, certify 
that James Haggard, whose name appears to the foregoing certificate, 
is, and was at the time of signing the same, and taking the said depo¬ 
sitions, presiding judge of the Cumberland county court, duly elected, 
commissioned, and sworn, and that his certificate is in due form of 
law, and his signature is genuine. 

In testimony whereof, I have hereunto subscribed my name and 
seal of said court this 23d day of December, 1859. 

N. B. CHEATHAM, Clerk . 


[l. s.] 


affixed the 


State of Kentucky, Cumberland County , set: 

l, James Haggard, presiding judge of the Cumberland county court, 
certify that N. B. Cheatham, whose name appears to the foregoing 
certificate, is, and was at the time of signing the same, clerk of the 
Cumberland county court, duly elected and sworn, and that all his 
official acts as such are entitled to full faith and credit, and that his 
certificate is in due form of law, and his signature genuine. 

Given under my hand this 23d of December, 1859. 

JAS. HAGGARD, P. J. C. C. 

Costs. 


Judge taking twenty-five depositions. $12 00 

Judge issuing five subpoenas, 20 pents each. 1 00 

Judge issuing two orders of arrest. 50 

Judge’s certificate... 25 

Witnesses’ fees and mileage. 60 25 

Sheriff summoning forty-nine witnesses. 9 80 

Sheriff serving attachments on three witnesses. 1 50 

Exhibits. 2 50 

County clerk.. 1 25 


89 05 


JAS. HAGGARD, P. J. C. C. 

The deposition of James Haggard, taken before E. L. Miller and 
William J. Dixon, justices of the peace for Cumberland county, 
Kentucky, at the court-house in town of Burksville, county and State 
aforesaid, on the 20th day of December, 1859, to be read as evidence 
in behalf of William C. Anderson in a case of contested election 















KENTUCKY CONTESTED ELECTION. 


585 


now pending in the thirty-sixth Congress of the House of Representa¬ 
tives of the United States of America, wherein James S. Chrisman 
contests said W. C. Anderson’s right to a seat in said Congress. The 
deponent being of lawful age and first sworn, states in response to 
questions by Anderson’s counsel : 

By Anderson’s counsel. State whether you are or not presiding 
judge ot the Cumberland county court; and have or not all the depo¬ 
sitions taken by Chrisman and Anderson been taken before you? 

Answer. I am judge of the Cumberland county court, and have so 
far taken the depositions in this county between Anderson and 
Chrisman. 

By same. Have you or not seen Anderson’s notice to Chrisman, and 
is or not said Chrisman notified that the depositions to be taken 
in this place, commencing on the 20th of this month, will be taken 
before you? 

Answer. I have seen said notice, and the depositions are to be taken 
before me. 

By same. Are you or not acquainted with John Cooksey; if so 
where and for whom did he vote at the late August election ? 

Answer. I am acquainted with said Cooksey, and he voted at pre¬ 
cinct No. 3 of Cumberland county, and for James S. Chrisman for 
Congress. I saw him vote. 

By same. Is there any other John Cooksey, or was at said election, 
residing in district No. 3 of Cumberland county, beside the one 
spoken of? 

Answer. There was none other that I know of. 

By same. State all you know about John Cooksey’s being an illegal 
voter. 

Answer. He told me on the morning of the election that he lived 
at the widow Brown’s, in Clinton county, Ky., a relative of his, and 
bad been living there some two or three weeks. 

By same. Did he or not claim, as the only grounds that entitled 
him to a vote in precinct No. 3 of Cumberland county, that he had 
left a coat at Benjamin Young’s, where he formerly lived? 

Answer. He did. 

By same. State all you know about Britton Smith’s being entitled 
to a vote in precinct No. 3 of Cumberland county, who voted for An¬ 
derson and has been challenged by Chrisman. 

Answer. I know that he lived in said district eighteen months 
before the last August election I heard him say that he had rented 
a house in said precinct, and hired two women to live with him. 

By same. Did he or not tell you these facts before the last August 
election ? 

Answer. He did. 

By same. Is or not said Smith very old, decrepid, and diseased ; and 
is he or not impotent and unable to perform family service? 

Answer. He is very old, decrepid, and diseased, and from what I 
know of him and what he told me he is unable to perform family duties. 

By same. Are you or not acquainted with Benjamin F. Farmer; 
if so, where and for whom did he vote at the last August election ? 

Answer. I am acquainted with said Farmer, and he told me he 


586 


KENTUCKY CONTESTED ELECTION. 


voted at the Burksville precinct of Cumberland county, and for James 
S. Chrisman for Congress. 

By same. Is or not his vote challenged by Anderson ? And is there 
any man by that name living in said precinct, or did at the last Au¬ 
gust election, beside himself? 

Answer. His vote is challenged by Anderson, and there was no 
other man by that name living in said precinct at the late August 
election. 

By same. State all you know about said Farmer not being a legal 
voter at said election. 

Answer. He moved to Missouri, and took his family with him ; I 
saw him before he left, and saw him after he came back. 

By same. When did he go to Missouri, how long did he stay, and 
how long has he been back ? 

Answer. He moved to Missouri about two years ago, probably a 
little more ; he stayed there nearly a year, and my recollection is he 
came back here last fall—1858. 

By same. Did he tell you before the last August election that he 
had not been back long enough from Missouri to vote ? 

Answer. He did. 

By same. Did he or not tell you he had settled in Missouri when he 
was out there ? and did he or not dispose of all his property before he 
left this State for Missouri ? 

Answer. He told me he settled in Missouri when he was out there, 
and he disposed of all his property, real and personal, before he left 
this State for Missouri. 

By same. Are you or not acquainted with John Neil; if so, 
where and for whom did he vote at the last August election ? 

Answer. I am acquainted with John Neil, and he voted at the town 
precinct, district No. 1 of Cumberland county, and for James S. 
Chrisman for Congress. 

By same. State all you know of said Neil’s not being a legal voter. 

Answer. He lived in this district and moved to Clinton, and re¬ 
turned to this district, where he voted, as he told me, in the latter 
part of June, 1859. 

By same. Did he or not run off from your farm before the expiration 
of his time with you, and take his family and effects to Clinton county ? 

Answer. He went off from me before the expiration of his time, and 
told me he took his family and effects to Clinton county. 

Adjourned until to-morrow morning, at 8 o’clock. 

WILLIAM J. DIXON, J. P. C. C. 

E. L. MILLER, J. P. C. G. 

Court-house, December 21, 1859. 

Met pursuant to adjournment. 

E. L. MILLER, J. P. C . <7. 
WILLIAM J. DIXON, J. P. 0. O . 

By Anderson’s counsel. Are you or not acquainted with Henry 
Grimes ; if so, where and for whom did he vote for Congress in the 
late August election ? 


KENTUCKY CONTESTED ELECTION. 


587 


Answer. I am acquainted with said Grimes, and he voted in dis¬ 
trict No. 3, Bowman precinct, Cumberland county, and he voted for 
James S. Chrisman for Congress at the late August election. 

# By same. Was there any other Henry Grimes residing in said pre¬ 
cinct at the last August election ? and is there any such man as Henry 
Grimes living in that precinct, or did at the last election ? 

Answer. There was no other Henry Grimes residing in said precinct 
at the late August election, and there was no such man living in said 
precinct as Henry Grimes, so far as I know. 

By same. Is or not the said Grimes challenged by Anderson as 
Henry Grimes ? 

Answer. I don’t know. 

By same. State all you know about said Grimes not being a legal 
voter at said election ? 

Answer. He was bound an apprentice to Dr. J. B. Ryan, of Cum¬ 
berland county, in 1852 ; and in 1855, at the August term of the 
Cumberland county court, said Ryan released-him. Said Grimes left 
this county, as he told me, to go to Tennessee to live, and I never saw 
him here any more until the last August election. 

By same. Did he or not tell you at said election he had been living 
in Tennessee? 

Answer. He did. 

By same. Are you or not acquainted with William Wright, whose 
vote is recorded on the poll-books of the Marrowbone pcerinct for W. 
C. Anderson, and whose vote has been challenged by Chrisman ? If 
so, state all you know about his being a legal voter at said election. 

Answer. I am acquainted with Mr. Wright, and I see, from looking 
at the poll-books, he voted at the Marrowbone precinct of Cumberland 
county, and for W. C. Anderson for Congress. He lived in Cumber¬ 
land county at Jo. Gray’s, in the precinct where he voted at the August 
election, 1858. 

By same. State all you know about the John Wright mentioned in 
the depositions of Mr. F. Owsley and T. S. Ellerson being an illegal 
voter at the late August election. 

Answer. My recollection is that this winter a year ago said Wright 
came to me and wanted to rent a place from me, and said he wanted 
to move here, that his family was in Tennessee. 

By same. State whether or not James E. Hays is here representing 
James S. Chrisman, and whether said Hays did or not refuse to per¬ 
mit you to make a statement with the depositions taken here ; also 
state if said Hays did or not agree that the attorneys might write the 
answers, in order to facilitate the taking of this deposition. 

Answer. Mr. Hays is here representing James S. Chrisman, and 
said he was not authorized to consent to the taking of said deposition 
with the other deposition ; and he agreed that the attorney, Owsley, 
might write the answers, and he, Hays, would make no objection to 
said deposition on that account. 

By same. State whether or not said Hays has been present all the 
time of the taking of this deposition ? 

Answer. He has. 


JAMES HAGGARD. 


588 


KENTUCKY CONTESTED ELECTION 


James S. Chrisman excepts to the reading of the foregoing deposi¬ 
tion of James Haggard upon the following grounds and reasons, viz : 

Firs'. Because the persons before and by whom the deposition was 
taken are not authorized by the laws of the United States or the laws 
of the State of Kentucky to take depositions in such cases, and the 
oath administered by one of them is therefore extra-judicial. 

Second. Because he hath had no notice of the time and place of the 
taking of the said Haggard’s deposition. 

Third. Because he hath had no notice of the persons before whom 
the said deposition would be taken. 

Fourth. Because the said persons before whom the said statement 
was made are not judges of a court of record. 

State of Kentucky, Cumberland County , set: 

We, E. L. Miller and William J. Dixon, two acting justices of the 
peace in and for Cumberland county, certify that James Haggard, being 
first sworn that the evidence he should give in the action or contro¬ 
versy mentioned in the caption should be the truth, the whole truth, 
and nothing but the truth, testified as shown in the foregoing depo¬ 
sition by him subscribed. The statements of the witness were r educed 
to writing by the attorneys for the parties (by the consent of the said 
attorneys) in the presence of said witness, and read to and subscribed 
by him in our presence. Said deposition was taken at the court-house 
in Burksville on the 20th and 21st days of December, 1859, for the 
purposes and in the controversy mentioned in the caption. 

M. H. Owsley, attorney, and R. C. Logan, agent, for William C. 
Anderson, and James E. Hays, attorney for James S. Chrisman, were 
present at the examination of the witness. 

Given under our hands this 21st day of December, 1859. 

WILLIAM J. DIXSON, J. F. C. C. 

E. L. MILLER, J. P. C. C. 


State of Kentucky, Cumberland County , set: 


I, N. B. Cheatham, clerk of the Cumberland county court, certify 
that E. L. Miller and William J. Dixon, whose names appear to the 
foregoing certificate, are, and were at the time of signing the same, act¬ 
ing justices of the peace in and for said county, duly elected, commis¬ 
sioned, and qualified, and that all their official acts as such are entitled 
to full faith and credit, and that their certificate is in due form of 
law. 

In testimony whereof, I have hereunto subscribed my name and 
r _ affixed the seal of said court this 21st day of December, 

L L - S -J 1859. 


N. B. CHEATHAM, Clerk. 


State of Kentucky, Cumberland County: 

I, James Haggard, presiding judge of the Cumberland county court, 
certify that N. B. Cheatham, whose name appears to the loregoing 


KENTUCKY CONTESTED ELECTION. 


589 


certificate, is, and was at the time of signing the same, clerk of the 
Cumberland county court, duly elected and qualified, and that all his 
official acts as such are entitled to full faith and credit, and that his 
certificate is in due form of law. 

Given under my hand this 21st day of December, 1859. 

JAMES HAGGARD, 

P. J. C. C . 

Costs. 


Magistrates’ fees, $1 each. $2 00 

Witness two days. 1 50 

Clerk’s certificate, seal, and tax on same. 1 25 

County judge’s certificate., 25 


5 00 

E. L. MILLER, J. P. C C 


Affiant, Robert C. Logan, states: That at an election held at the 
old residence of Eli B. Peticose, in district No. 4, in Cumberland 
county, Kentucky, on the 1st day ol August, 1859, for State officers, 
members of Congress, &c., that he was present a portion of the day 
on which said election was holden at said precinct, and that C. C. 
Hughes, whose name appears to the certificate of the poll-books at 
said precinct, acted as one of the judges, and recorded a large majority 
of the votes at said election as clerk ; and that a large majority of the. 
votes on said poll-books are in said Hughes’ handwriting. 

R. C. LOGAN. 


August 23, 1859. 


Sworn to before me by R. C. Logan, August 24, 1859. 

WILLIAM J. DIXON, 
Presiding Judge for Cumberland County . 


M. H. Owsley states: That he was present at an election held on 
the 1st day of August, 1859, at Eli B Peticose’s old residence, in 
district No. 4, in Cumberland county, a portion of the day, and was 
frequently present while the votes were being recorded ; and C. C. 
Hughes, whose name appears as one of the judges of said election to 
the certificate of the poll-books, acted and recorded the votes as clerk, 
so far as he saw. 

M. H. OWSLEY, 

August 24, 1859. 


Sworn to before me by M. H. Owsley this 24th day of August, 
1859. 


R. C. LOGAN, 

Examiner for Cumberland County . 









590 KENTUCKY CONTESTED ELECTION. 


Poll-book of Whetstone precinct, Cumberland county, KyAug. 1, 1859. 





OPPOSITION 

TICKET. 




DEMOCRATIC TICKET. 



. Voters’ names. 

J F. Bell, governor. 

Alfred Allen, lieut. governor. 

[ Jas. Harlan, attorney general. 

j Thos. S. Page, auditor. 

Daugherty White, treasurer. 

John B. Herndon,register. 

Wm. F. Evans, supt. of pub¬ 
lic instruction. 

D. R. Haggard, president of 

board of internal impvt. 

| Wm. C. Anderson, Congress. 

1 

Wm. Hoskins, State senator. 

R. M. Alexander, representa¬ 

tive to State legislature. 

B. Magoffin, governor. 

Linn Boyd, lieut. govenior. 

A. J. James, attorney general. 

Grant Green, auditor. 

J. H. Garrard, treasurer. 

| Thos. .T. Frazier, register. 

R. Richardson, supt. of pub¬ 

lic instruction. 

J. P. Bates, president of board 
of internal impvt. 

Jas. Chrisman, Congress. 

| S. II. Boles, State senator. 

Wm Bowen. 








1 



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J, Thomas .... 








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John Voiing. 











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Wn Owyrm 








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Jonrrlan TCast.. 











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Wm. Ru roll fit.... 












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Mathew F.wing.. 











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C. .1. Campbell .. 












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James Robertson. 
Joseph Robinson. . 
G. L. Pendleton.. 
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Richard Hopkins. 
Thomas Radford. . 

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Alanson Williams. 

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J W Page. 

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Allen Slone. 








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Micager Mays.... 










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Raymond Radford 
J. C. Anderson ... 












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James Coo-sey... 

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George Keeten... 












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KENTUCKY CONTESTED ELECTION, 


591 


Whetstone precinct, Cumberland county, Ky. —Continued. 


Voters’ names. 

OPPOSITION TICKET. 

• 

DEMOCRATIC TICKET. 

J. F. Bell, governor. 

Alfred Allen, lieut. governor. 

Jas. Harlan, attorney general. 

Thos. S. Page, auditor. 

Daugherty White, treasurer. 

John B. Herndon, register. 

Wm. F. Evans, supt. of pub¬ 
lic instruction. 

D. It. Haggard, president of 

board of internal impvt. 

Wm. C. Anderson, Congress. 

Wm. Hoskins, State senator- 

It. M. Alexander, representa¬ 
tive to State legislature. 

U> 

C 

£ 

0) 

> 

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fcl 

5 

6 

C3 

Linn Boyd, lieut governor. 

A. J. James, attorney general. 

| Grant Green, auditor 

| J. II. Garrard, treasurer. 

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fe. : 

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it. Richardson, supt of pub¬ 

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Thomas Lewis... 
G. P. M. Self..... 

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John Booher . 

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Thomas Williams. 

A. V. Winfrey- 

lire wry Harris.... 

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Michael Martin... 

N. J. Cash. 

J. S. Mackey. 

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H. M. Johnson... 










.... 


B. A. Campbell.„ 




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M. It. Williams .. 
Caleb Williams. .. 








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William Smith... 
E. B. Smith .... 

A . J. Nelson . 





















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W. H. Williams.. 





















James Molton.... 
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l 

73 

i 

i 

i 


































52 

47 | 47 

51 

45 

46 

46 

60 

54 

.35 

! 87 

75 

73 

73 

72 

72 

72 

64 


\V(> r >10 undersigned, do certify that at the election in district No. 3, held at the mouth of Whetstone on the 
1st Monday* of August,’l859, the votes stand as above. J; A. BOWMAN.CW. 


REUBEN IlICKS. 
SHEDER1CK WILLIAMS. 








































































































































































592 


KENTUCKY CONTESTED ELECTION. 


z. 

State of Kentucky, Cumberland County , set: 

I, N. B. Cheatham, clerk of the Cumberland county court, do certify 
that the foregoing poll-books, containing the votes and certificate of 
the officers at the Whetstone precinct, in district No. 3 of Cumberland 
county, Kentucky, is a true and perfect copy in manner and form of 
the votes, certificate, and signatures of officers as they appear upon 
the original poll-books for said precinct, and were taken therefrom, 
which is now on file in my office. 

r -i Witness my hand and seal, as clerk of the said court, this 
L L * 24th day of August, 1859. 

N. B. CHEATHAM, Clerk. 

State of Kentucky, Cumberland County , set : 

I, James Haggard, presiding judge of the Cumberland county court, 
certify that N. B. Cheatham, whose name appears to the foregoing 
certificate, is, and was at the time of signing the same, clerk of the 
Cumberland county court, duly elected and qualified as such, and that 
all his official acts as such are entitled to full faith and credit, and 
that his certificate is in due form of law. 

Given under my hand this 2d day of December, 1859. 

JAMES HAGGARD, P. J. C. C. 

M. T. Chrisman, agent for James S. Chrisman : 

I will, on the 9th day of January, 1859, before William Cloyd, pre¬ 
siding judge of the Taylor county court, at the court-house in Camp- 
bellsville, in addition to the persons of whom I have already notified 
you, take the depositions of John Griffin and Elisha Berry, who re¬ 
side in Taylor county, to be read as evidence in the matter of contest 
now pending in the House of Representatives of the United States, in 
which you are contestant and I am contestee. 

WILLIAM C. ANDERSON. 

November 12, 1859. 

Executed by delivering a true copy of the within notice to M. T. 
Chrisman, November 12, 1859. 

J. M. WILLIAMSON, 

Sheriff of Taylor County . 

The deposition of John Griffin, taken on the 9th day of January, 
1800, at the court-house in the town of Campbellsville, in Taylor 
county, and in the State of Kentucky, to be read as evidence on behalf 
of the contestee in the action of the contested seat in the House of Rep¬ 
resentatives of the Congress of the United States, wherein James S. 
Chrisman is.contestant against William C. Anderson, contestee. The 
deponent being of lawful age, and first by me duly sworn, states and 
deposes as follows, to wit: 

Question by contestee. State the place of your residence, and whether 


KENTUCKY CONTESTED ELECTION. 593 

or not you voted in the year 1859 ; and if so, state at what place, and 
for whom, and state all about it. 

Adjourned until to-morrow morning at nine o’clock. 

WILLIAM CLAGET, 
Presiding Judge of Taylor County. 

Met pursuant to adjournment, at ten o’clock, on Tuesday, the 10th 
day of January, 1860, at the same place. 

Answer. Has lived in Taylor county, Kentucky, for the last four 
years, except from the fall of 1858 until the 8th day of April, 1859 ; 
that he lived in the second district in Taylor county from said 8th day 
of April, 1859, until this time ; that he voted in said district for W. 
C. Anderson for Congress, at Saloma, the voting place in said district, 
at the August election, 1859, which was the place of his residence at 
that time. 

And further saith not. 

his 

JOHN + GRIFFIN. 

mark. 

Also the deposition of Robert P. Sanders, sen., taken at the same 
time and place, and for the same purpose mentioned in the caption 
on being questioned by contestee, states : 

That he is acquainted with James H. Ratliff, who voted at Saloma, 
in the second precinct in Taylor county, Kentucky, at the August 
election, 1859, for James S. Chrisman for Congress ; that said Ratliff 
had not lived in said district hut little over one month, and net exceed¬ 
ing five weeks next, before he cast said vote ; that he had but recently 
moved from the county of Nelson or Bullitt to the county of Taylor 
at that time. 

Witness is also acquainted with Milson Sympson, who voted at the 
Little Pinchem or first district in Taylor county, at the same election 
above stated, and for the same candidate ; that said Sympson had 
moved to Kansas Territory and had been gone for several months, and 
returned in the spring of 1859. Witness learned from said Sympson 
and others that when he left the State of Kentucky it was for the pur¬ 
pose of making his home in Kansas Territory ; there might have been 
a proviso if he liked, but he does not remember of any proviso being 
made. 

Cross examined. 

States that Simpson was raised in Taylor county, and was hired all 
his life in that county except the time he was absent as before stated ; 
he is a single man. 

By contestee, says: He knew one Redding, who voted for Major 
James S. Chrisman at the Saloma precinct; that he had been living 
in said precinct but about two weeks next before he voted ; that he 
was a single man, without fixed homes or habits, except drunkenness ; 

H. Mis. Doc. 11-38 


594 


KENTUCKY CONTESTED ELECTION. 


says the said Bedding had been in Taylor county a portion of two 
years; listed in Taylor county one year. 

And further saith not. 

R. P. SANDERS. 

Also the deposition of Thomas E. Cowherd, esq., taken at the same 
time and place, and for the same purposes mentioned in the caption: 

On being questioned by contestee, states : That he was one of the 
judges of the August election, 1859, at Saloma, in the second precinct 
in Taylor county, Kentucky ; that he knows one Redding, who voted 
for Major James S. Chrisman at that election ; that said Redding 
refused to he sworn, and said he would not be sworn for a vote ; witness 
objected to his vote being taken at the time. Does not remember the 
first name of said Redding, hut he was the only Redding who voted 
at that precinct at that election. That W. Sullivan voted at the 
May election; and that Sullivan also voted at the said August elec¬ 
tion, and voted for Major J. S. Chrisman. That A. Lindsay offered 
to vote at the said August election, but was refused his vote ; does not 
remember by whom the objections were made. 

Cross-examined. 

States : Had no acquaintance with Redding, but knew him by sight; 
he is a blacksmith. 

And further saith not. 

F. C. COWHERD. 

Also the deposition of William T. Martin, taken at the same time 
and place, and for the same purposes named in the caption; on being 
questioned, says: 

Witness says he was born and raised in the present boundary of 
Taylor county ; that he voted here at the last August election ; his 
mother resides in this town, and witness always considered his mother’s 
his home; had his washing done at his mother’s all the time; never 
voted at any other place; voted for W. C. Anderson at last August 
election ; lists and pays taxes in Taylor county and town of Campbells- 
ville, and nowhere else; has not paid his tax for the year 1859 for 
the town, and is twenty-one years of age; he failed to list for the 
town taxes ; has had no application to do so; is ready and willing to 
list and pay his town taxes at any time. 

Cross- examined. 

Says : He may have made the remark to S. W. Bailey that he 
would never come back to Campbellsville to live, but he always in¬ 
tended to return. 

By contestee : Says he was absent from home a short time in the 
spring and summer of 1859, and doing business in the town of Lisbon 
for one Lawrentine McClellanand, who also resides in Campbellsville. 

And further saith not. 


W. T. MARTIN. 


KENTUCKY CONTESTED ELECTION. 


595 

Also the deposition of John H. Spratt, taken at the same time and 
place, and for the same purpose mentioned in the caption; after beino- 
first sworn or being questioned by contestee, states : 

That he is acquainted with Henry Shoffner, jr., who voted for Major 
James S. Chrisraan for Congress at the last August election, 1859, at 
the first or Little Pinchem district, in Taylor county, Kentucky; that 
said Shoffner came to his house in the latter part of June, 1859, or 
the first of July, with dirty clothes on, and witness asked him where 
he got his washing done, to which Shoffner answered that his clothes 
were in Bullitt county ; that he lived in Bullitt; that he could get a 
dollar a day for work there, and that was more than he could get 
here ; that witness’ nephew, Thos. Spratt, hired said Shoffner to 
work two weeks, but was taken sick the first day he worked, and 
did no more ; rather think that Shoffner told him he had been but a 
few days from Bullitt county when he first saw him, which was the 
time above named, and it is witness’ impression and best recollection 
that Shoffner told him he lived in Bullitt county at that time ; that 
he is well acquainted with Robert Buchanan, whose vote is challenged; 
that said Buchanan has lived in the first or Little Pinchem district 
for the last four years ; that he voted for William C. Anderson at the 
last August election in that district, where he has been voting all the 
time since he has become a legal voter in this State, say two or three 
years ; witness has lived in the same district for the last twenty 
years. 

Cross-examined . 

States that he heard Milton Sympson say. after he returned from 
Kansas, that he went to locate a land warrant, but did not like the 
country and came home. And witness further saith not. 

J. H. SPRATT. 

Also the deposition of John Cox, sr., taken at the same time and 
place, and for the same purpose mentioned in the caption; after being 
sworn and on being questioned, states: 

Answer. That he is the father of the Andrew B. Cox who voted 
for William C. Anderson at Morrisville, Taylor county, Kentucky, at 
the last August election, 1859 ; that he knows the age of his said son; 
that he was twenty-one years old on the 4th day of March, 1859, and 
was born and raised in thedistrictin which he voted, and heis the same 
who is called A. B. Cox. And further saith not. 

JOHN COX, Sr. 

Also the deposition of Wm. S. Matthews, taken at the same time 
and place, and for the same purposes named in the caption; being 
first sworn and questioned, states: 

That Campbellsville is his home ; that he has been absent from here 
on several occasions, driving a stage, but always came home to vote; 
had no right to vote at any other place ; that he votes in the town 
elections, district elections, and State elections, at this place ; that he 


£96 


KENTUCKY CONTESTED ELECTION. 


voted for W. 0. Anderson for Congress at this place at the last 
August election. And further saith not. 

WM. S. MATTHEWS. 

Also the deposition of Alexander Lindsey, taken at the same time 
and place, and for the purposes named in the caption; on being ques¬ 
tioned, states : 

Does not know exactly at what time William Sullivan, jr., came to 
Taylor county ; that witness came to Taylor county in March, 1859 ; 
that Sullivan was here when witness came to Taylor county; under¬ 
stood that he had been here a month or so before that time ; that he 
formerly lived in the State of Indiana, but came to Taylor county 
two years on a visit, and stopped at his grandfather’s, (Wm. Par- 
reott’s, sr.,) and stayed about two months, and informed his relations 
that he intended to return to Kentucky and make it his home; and 
left for Indiana to close up his business with the view of returning, 
which he did, but did not get hack until the time stated above ; and 
that he offered to vote at Saloma, in the 2d district, Taylor county, 
Kentucky, at the August election, and would have voted for Wm. C. 
Anderson for Congress, hut some objections were made, and he thinks 
the objections were made by the judges of the election ; that he has 
continued to reside in the said district ever since he has been in the 
State; that he gave his list to commissioner to-day for the first time; 
never paid tax in Kentucky. 

Cross-examined. 

States that he had resided in the State of Indiana for the last 13 
years previous to the 1st of March last, but had been here in the time 
on a visit, as before stated, and had determined to come here to make 
his home, but did not come until the time above stated. And further it 
saith not. 

ALEXANDER LINDSEY. 


Robert P. Sanders, jr., recalled. 

States that Thomas J. Kirtley lived in the 2d district in Taylor 
county, with William Burress and B. S. Gaddie, the most of the year 
1859, and that Kirtley voted in the 4th district in said county at the 
August election, 1859; and that at the election said Kirtley voted for 
Major Jas. S. Chrisman for Congress; and that he was in said 2d 
district until a week or two before the August election, 1859. 

Contestant excepts to the above evidence of R. P. Sanders as to the 
evidence of T. J. Kirtley, because the said Kirtley’s vote has not been 
challenged by W. C. Anderson in his specifications. And further 
saith not. 

R. P. SANDERS. 

Also the deposition of James M. Hodgen, taken at the same time 
and place, and for the purposes named in the caption; after being first 
duly sworn, and on being questioned by the contestee, states : 


KENTUCKY CONTESTED ELECTION. 


597 


That he is deputy clerk of Taylor county, Kentucky, and was at 
date of the last August election ; that all the poll-books of Taylor 
county were brought into the clerk’s office on the next day after the 
election and the day thereafter, hut that the most of them were 
brought in on the first day after the election ; and that each and all 
of said books were opened on the day that the same were received 
into the clerk’s office, and were looked into to see how much the whole 
of each precinct was. And further saith not. 

JAS. M. HODGEN. 


State of Kentucky, Taylor County: 

I, William Cloyd, presiding judge of the Taylor county court, do 
certify that at the court-house in Campbellsville, in Taylor county, 
Kentucky, on the days mentioned in the caption thereof, the foregoing 
depositions of John Griffin, John H. Spratt, Thomas E. Cowherd, 
Robert P. Sanders, John Cox, William S. Matthews, William T. 
Martin, Alexander Lindsey, and James Hodgen were taken before me. 
The several witnesses were each sworn before making their statements; 
their statements reduced to writing in my presence and in their pre¬ 
sence, and read over to them, and then signed by them in my pre¬ 
sence ; counsel for both Mr. Anderson and Mr. Chrisman were present 
all the time. 

Given under my hand this 10th day of January, 1860. 

WILLIAM CLOYD, 

Judge of Taylor County Court. 

This is to certify that William Matthews has enlisted his taxable 
estate and tithes with me, as commissioner for Taylor county, for the 
last five years. 

Given under my hand this 17th day of December, 1859. 

THOMAS JARBOE, 

Commissioner for Taylor County , Kentucky. 


598 


KENTUCKY CONTESTED ELECTION. 


Members of Congress — Official—August Election , 1859. 

FIRST DISTRICT. FOURTH DISTRICT. 


Henry C. Burnett. 

Wm. Morrow. 

.Fulton. 

.. 442 

140 

Hickman. 

... 671 

45 

Ballard. 

... 718 

97 

McCracken. . 

,.. 699 

217 

Livingston... 

... 426 

251 

Graves. 

..1,429 

277 

Calloway. 

..1,221 

118 

Marshall_ 

... 916 

34 

Caldwell. 

.. 681 

180 

Lyon. 

... 433 

48 

Trigg. 

... 978 

123 

Union.. 

... 857 

318 

Crittenden.., 

... 753 

234 

Hopkins. 

.1,316 

166 


11,540 

2,248 

SECOND DISTRICT. 



J. S. Jackson. Sam’l 0. Peyton. 

Christian_ 

... 987 

1,057 

Henderson.., 

... 878 

896 

Daviess. 

.1,242 

1,448 

Muhlenburg 

.. 883 

1,070 

Ohio. 

... 793 

1,141 

Hancock. 

... 421 

474 

Breckinridge.. 921 

708 

Butler.. 

... 509 

555 

Grayson. 

... 565 

590 


7,199 

7,939 

THIRD DISTRICT. 


F. 

M. Bristow. 

W. W. Sale. 

Todd. 

,.. 726 

426 

Logan.. 

..1,453 

464 

Simpson. 

... 407 

537 

Warren. 

.1,212 

789 

Edmonson.. 

... 000 

000 

Barren. 

..1,697 

1,336 

Hart. 


733 

Monroe. 


581 

Allen. 

... 547 

709 


7,164 

5,575 


w. c. 

Anderson. 

J. S. Chrisman. 

Cumberland 

.. 652 

368 

Clinton. 

.. 312 

578 

Wayne. 

... 741 

831 

Bussell. 

... 497 

432 

Pulaski.. 

..1,214 

1,375 

Lincoln. 

... 935 

440 

Boyle.. 

... 789 

303 

Taylor.. 

... 357 

648 

Green. 

... 482 

681 

Adair. 

... 547 

1,097 

Casey. 

.. 696 

448 

Memo. 

7,204 

7,201 


FIFTH : 

DISTRICT. 


Jno. Y. Brown. J. 

H. Jewett. 

Meade. 

.. 500 

337 

Hardin. 

.. 965 

732 

Bullitt. 

.. 509 

309 

Larue. 

.. 361 

493 

Marion.. 

.. 965 

540 

Washington 

.. 609 

900 

Nelson. 

.. 999 

497 

Mercer. 

.1,168 

358 

Anderson.... 

.. 471 

594 

Spencer. 

.. 380 

306 


6,927 

5,066 

SIXTH 

: DISTRICT. 


Green Adams. Theo. 

T. Garrard. 

Garrard. 

....812 

370 

Madison.. 

..1,267 

943 

Bockcastle... 

.. 499 

246 

Laurel. 

.. 429 

374 

Knox. 

.. 807 

314 

Estill. 

.. 556 

493 

Owsley. 

.. 456 

314 

Clay. 

.. 418 

511 

Perry. 

.. 265 

270 

Pike. 


664 

Letcher. 

.. 223 

227 

Whitley. 

... 715 

313 

Harlan. 


233 




























































































KENTUCKY CONTESTED ELECTION. 


599 


Floyd . 

. 427 

673 

NINTH 

DISTRICT. 


Johnson 

. 54 

760 




Breathitt... 

.. 289 

394 

L. 

T. Moore. 

J. W. Moore. 

Jackson_ 

. 170 

132 

Mason. 

,1,274 

875 



— 

Lewis.. 

.. 664 

731 


8,164 

7,231 

Greenup. 

1,163 

854 




Lawrence. 

809 

496 




Carter. 

.. 484 

832 

SEVENTH DISTRICT. 

Morgan. 

. 562 

1,147 




Montgomery. 

,. 587 

502 


Robert Mallory. 

Thos. Holt. 

Clarke . 

,. 935 

412 

Jefferson... 

.4,256 

3,324 

Bath. 

. 743 

1,040 

Shelby. 

.1,161 

786 

Fleming. 

,. 952 

928 

Henry . 

. 646 

1,029 

Powell. 

.. 190 

166 

Oldham.... 

. 353 

536 

Rowan . 

,. 142 

244 


6,416 

5,675 


8,505 

8,227 




TENTH DISTRICT. 


EIGHTH DISTRICT. 


Thomas L. Jones. ’John W. Stevenson. 




Trimble. 

.. 179 

474 


Jno. M. Harlan. Win. E. Simms. 

Carroll. 

...366 

528 

Bourbon ... 

. 965 

684 

Owen. 

...415 

1,439 

Harrison... 

. 926 

1,317 

Gallatin. 

...382 

492 

Scott . 

. 732 

1,062 

Grant. 

,. 663 

800 

Fayette ... 

.1,410 

986 

Boone .. 

.. 826 

970 

Woodford . 

. 634 

468 

Kenton. 

.. 950 

1,706 

Jessamine. 

. 598 

587 

Campbell...., 

.. 689 

1,242 

Nicholas... 

. 737 

1,009 

Pendleton.... 

,. 615 

871 

Franklin .. 

. 863 

819 

Bracken . 

...754 

773 


6,865 

6,932 


5,839 

9,295 




Frankfort, 

August 29 

, 1859. 


We, Charles S. Morehead, governor, Mason Brown, secretary of 
state, and James Harlan, attorney general, certify that we have ex¬ 
amined the returns of the election held the first day of August, 
1859, made to the secretary of state, for the election of ten members 
to represent the State of Kentucky in the 36th Congress of the 
United States, commencing the 4th of March, 1859, and find that 
the result in the several districts is as follows: 


IN THE FIRST DISTRICT. 


Henry C. Burnett received. 

William Morrow received. 

And that Henry C. Burnett has been duly elected. 


11,540 votes. 
, 2,248 votes. 




































































<300 


KENTUCKY CONTESTED ELECTION 


IN THE SECOND DISTRICT. 

Samuel 0. Peyton received....7,939 votes. 

James S. Jackson received ..7,199 votes. 

And that Samuel 0. Peyton has been duly elected. 

IN THE THIRD DISTRICT. 

Francis M. Bristow received.,.7,164 votes. 

William W. Sale received.5,575 votes. 

And that Francis M. Bristow has been duly elected. 

IN THE FOURTH DISTRICT. 

William C. Anderson received.7,204 votes. 

James S. Chrisman received.7,201 votes. 

And that William C. Anderson has been duly elected. (See at end.) 

IN THE FIFTH DISTRICT. 

John Young Brown received.6,927 votes. 

Joshua H. Jewett received.5,066 votes. 

And that John Young Brown has been duly elected. 

IN THE SIXTH DISTRICT. 

Green Adams received.8,164 votes. 

Theophilus T. Garrard received. 7,231 votes. 

And that Green Adams has been duly elected. 

IN THE SEVENTH DISTRICT. 

Robert Mallory received.6,416 votes. 

Thomas Holt received.5,675 votes. 

And that Robert Mallory has been duly elected. 

IN THE EIGHTH DISTRICT. 

William E. Simms received. 6,932 votes. 

John M. Harlan received.6,865 votes. 

And that William E. Simms has been duly elected. 

IN THE NINTH DISTRICT. 

Laban T. Moore received.8,505 votes. 

James W. Moore.8,227 votes. 

And that Laban T. Moore has been duly elected. 

IN THE TENTH DISTRICT. 

John W. Stevenson received... 9,295 votes. 

Thomas L. Jones received. 5,839 votes! 

And that John W. Stevenson has been duly elected. 




















KENTUCKY CONTESTED ELECTION. 


601 


Memorandum. —The above certificate is based on returns regularly 
made out and certified by the respective boards of examiners on the 
day fixed by law, and duly returned to the secretary of state. An 
amended return was forwarded from Boyle county certifying that there 
was a mistake of four votes against W. C. Anderson, as appeared by a 
re-examination and scrutiny of the poll-books. Appended to this 
corrected return is a statement by the clerk, that after the examiners 
had given the certificate of the vote of the county, he, the clerk, had 
loaned the poll-books from his office to some gentlemen, who dis¬ 
covered the error which is attempted to be corrected, and reported 
it to the examiners, who, on re-examination, found it was so. After 
this, and after all the returns for the district were in, letters were filed 
with the secretary, stating that the examiners of Cumberland county 
had made a mistake in their certificate of the vote of that county, 
and time was asked to have it corrected. This was granted in 
order that all questions might be fairly made and a decision had 
upon the facts as they existed. An amended certificate from Cumber¬ 
land county was accordingly forwarded to the secretary, stating that 
the vote of W. C. Anderson in that county vas 650, and that of J. S. 
Chrisman 380. A certificate was also filed from the county of Adair, 
stating that there was a clerical mistake of one vote against Ander¬ 
son. 

We have felt constrained, in the exercise of our best judgment on 
the proper construction of the law, to reject all these amended returns, 
and to issue the certificate according to the original returns made to 
the secretary of stale. 

The law in relation to elections provides that the judges shall at¬ 
tend to the summing up of the votes, certify the poll-books, and de¬ 
liver them in a sealed envelope to the sheriff. The same law requires 
that each judge shall retain a duplicate statement of the summing up 
of his precinct, which, in a contingency named, may be used as evi¬ 
dence of the vote. It also requires that the poll-books of the different 
precincts shall, within two days after the election, be deposited by the 
sheriff with the clerk of the county court, and on the next day thereafter 
the board of examiners shall compare them, ascertain the correctness of 
the summing up, and make out three written certificates in the case 
of a representative in Congress, certifying the number of votes given 
in the county for each of the candidates, one of which certificates is to 
be retained in the clerk’s office, another forwarded by mail to the sec¬ 
retary of state, and the third sent to the secretary by any private con¬ 
veyance. We, as a State board, are to act on the returns thus made, 
and make out triplicate certificates of those having the highest num¬ 
ber of votes ; and our functions as examiners do not more clearly cease 
when we have made our certificate of election than in our opinion do 
those of the county examiners after they have certified the full vote 
of the county. If this be not the just and proper construction of the 
law, why require the poll-books to be sealed up when they pass out 
of the hands of the judges of the election? If a correction can be made 
nine days after the poll-books are unsealed and open to the inspection 
of whoever may choose to examine them, or after they have been taken 


602 


KENTUCKY CONTESTED ELECTION. 


out of the clerk’s office, there would he hut little efficacy in requiring 
them to he sealed in the first instance. 

If such additional returns are legal, the State board of examiners 
would be bound to receive and act on whatever correction should be 
made before their certificates were given, and as their functions are 
confined to the summing up the votes, they would be precluded from 
any inquiry as to the manner in which such corrections were brought 
about. They could not institute an inquiry as to whether or not the 
poll-books had been changed or altered after the seals were broken 
and they had passed into other hands than the examiners. The 
amended certificates would, in all cases, necessarily be conclusive on 
the examiners here. 

We think, therefore, it is clear, when the county board have acted 
on the poll-books of the whole county, and delivered their certificates 
to the clerk, who has transmitted them to the secretary, that their func¬ 
tions cease, and they have no power to recall or change those certifi¬ 
cates. 

The supposed analogy between this case and that of the special 
judicial election in 1857 will be found, on examination, not to exist. 
In that case, as in this, time was given for the correction of a sup¬ 
posed error in Meade county of twelve votes against Mr. Bullitt, so 
that a decision might be had upon the effect of such correction ; but 
as the correction, if made and allowed, would not have changed the 
result of the election, no decision was had by the board on the ques¬ 
tion. 

In the judicial election, the certificate first forwarded to the secre¬ 
tary from the county of Hart gave Wheat 122 votes. The State board 
of examiners, before this certificate was acted on, was notified that 
there was a clerical mistake in copying this certificate as to the num¬ 
ber of votes cast for Wheat, and that the other two certificates, made 
out at the same time, contained the true number of votes, according 
to the poll-books. One of these certificates was transmitted to the 
secretary, showing that Wheat had received 222 votes, instead of 122. 
We thus had two original certificates, which were authorized by law 
to be sent to the secretary, and the question was which was right? 
The clerk and examiners made affidavit that the last one sent was an 
exact copy of the one on file in the clerk’s office and contained the 
correct result of the poll-books, and our action was accordingly based 
on the last one. 

The examiners of Nelson county first sent a certificate of the votes 
of that county, stating on its face that they had not included the vote 
of the Bloomfield precinct, as they had not received it. They after¬ 
wards forwarded an additional certificate, giving the vote of that 
precinct, which had, in due time, been delivered by the sheriff, under 
seal, to the deputy clerk, and by neglect had not been laid before the 
examiners. They did not attempt to make any change in the vote of 
the precincts which they had before certified, but certified the vote of 
the precinct thus returned under seal by them. The vote of this 
precinct was counted in favor of Mr. Bullitt, simply on the ground 
that as the law required the examiners to act on the books of each 
precinct, their duty did not cease until they had so acted. But in no 


KENTUCKY CONTESTED ELECTION. 603 

instance did they attempt to re-count the votes of any precinct after 
it had been once certified. 

It is proper to add that a distinction was made at the time by the 
examiners between the case as presented by this special election and 
the correction of the poll-books after they had been certified by the 
county examiners, and the corrections were allowed on the express 
ground that it did not involve the legality of a rescrutiny and re¬ 
examination of the vote as certified. It may not be improper also to 
state that when the amended return from Boyle was filed, and before 
it was known what effect it was to have on the result, the opinion of 
the undersigned is known to have been averse to its reception. 

Given under our hands this 29th of August, 1859. 

C. S. MOREHEAD. 

MASON BROWN, 

Secretary of State, 

JAMES HARLAN, 
Attorney General, 


604 


KENTUCKY CONTESTED ELECTION. 


KENTUCKY CONTESTED ELECTION. 


February 27, I860.—Referred to the Committee of Elections and ordered to be printed. 


Mr. J. S. Chrisman : You are notified that at the law office of E. L. 
& J. S. Van Winkle, in the town of Monticello, Wayne county, Ken¬ 
tucky, on the 20th day of February, 1860, I will proceed to take the 
depositions of John Lewallen and Andrew Lewallan, who reside in 
Wayne county, Kentucky, to he read as evidence before the House of 
Representatives of the thirty-sixth Congress of the United States, in 
a contested election, wherein you contest my right to a seat in said 
House ; and I will continue from day to day until the same is com¬ 
pleted. 

W. C. ANDERSON. 

February 8, 1860. 

We hereby waive any defect in this notice, and agree that the depo¬ 
sitions taken under the same may be taken before W. M. Burton, pre¬ 
siding judge of the town of Monticello. 

JAMES S. CHRISMAN, 

By J. M. SANFLEY, Agent. 

W. C. ANDERSON, 

By VAN WINKLE, Attorney. 

February 9, 1860. 

Executed on James S. Chrisman by leaving a true copy of this notice 
at the usual place of abode of said Chrisman, he being absent. 

F. BATES, 8. W. <?., 

By L. P. BAKER, D. S. 

The Commonwealth of Kentucky to any constable of Wayne county: 

You are commanded to summon John Lewallen and Andrew 
Lewallen to attend at the office of E. L. and J. T. Van Winkle, in 
Monticello, Wayne county, Kentucky, on the 20th day of February, 
1860, to testify in a contested election now pending in the House of 
Representatives of the 36th Congress of the United States, wherein J. 
S. Chrisman contests the right of W. C. Anderson to a seat in said 
House. 

Given under my hand this 8th day of February, 1860. 

W. M. BENTON, P. J. T. M. 

Executed in full February 20, 1860. 

A. B. SLAYER, 
Constable of Wayne County. 

The depositions of John Lewallen and Andrew Lewallen, taken at 
the law office of E. L. and J. S. Yan Winkle, in the town of Monti- 




KENTUCKY CONTESTED ELECTION. 605 

Cello, Wayne county, Kentucky, on the 20th day of February, 1860, 
pursuant to notice herewith filed, to be read as evidence before the 
House of Representatives of the 36th Congress of the United States, 
in a contested election wherein James S. Chrisman contests the right 
of W. C. Anderson to a seat in said House ; the witnesses being of 
lawful age and first duly sworn, testified as shown below : 

Question by Mr. Anderson’s agent propounded to Andrew Lewallen. 
Are you acquainted with Catharine Hill, the mother of Andrew Hill; 
and what is her general moral character ? 

Answer. I am acquainted with her ; I never heard tell of her being 
sworn until since the last election. If she was mad at me I would 
fear her, but if she was friendly with me I should not be afraid. 

By same. Would you believe her on oath if she had any interest at 
stake ? 

Answer. I would not, from what I have heard. 

By same. Were you or not present some few days before she gave 
her deposition in the contested election case between Anderson and 
Chrisman and hear her say to J. J. Shepherd that she did not know 
what year her son Andrew was born in? 

[J. S. Chrisman, by his agent, excepts to this question as being 
illegal, because Mrs. Hill was not questioned in regard to that fact. 
The exception is overruled by the examiner.] 

Answer. Yes, sir; I did hear her tell J. J. Shepherd she could not 
for her life tell the day and date nor year he was born. I saw 
her some days after, and she said J. J. Shepherd had been at her 
house, and she could now tell the day and date of his age. 

By same. What did James Davis say to you about living last sum¬ 
mer in the Beaver Creek precinct ? 

Answer. He stated to me, a few days before the late August elec¬ 
tion, that he was just moving back from Beaver creek, which is in 
the third or fourth precinct of this county ; that he had lived in a 
house there on the mountain, and lived there some time, but his 
wife’s health was so bad that she could not live there; the water did 
not agree with her, and he had come back on her account. 

By same. What do you know about Shadrach Blevins’ residence ? 

Answer. I know that Shadrach claimed and worked in a black¬ 
smith shop at his father’s, in precinct No. 7, also a yoke of oxen and 
wagon ; he worked a part of last season in Tennessee, and part of his 
time at his father’s ; he would pass my house on his road backwards 
and forwards frequently, sometimes once every two weeks, sometimes 
not so often, sometimes oftener ; in coming from Tennessee he would 
have on dirty clothing, with a bundle of clothing in a handkerchief, 
and returning from his father’s to Tennessee he had on clean clothing 
and a bundle of the same. 

By same. Where does Shadrach Blevins stay ? 

Answer. He stays at his father’s when he is not gone down the 
river, or to the coal banks, or some other place on business. I see 
him frequently there. 

By same. How far do you live from his father’s? 

Answer. Something near one mile. 


606 


KENTUCKY CONTESTED ELECTION. 


By same. Are you acquainted with William Dobbs, and what is 
his general moral character ? 

Answer. I have been acquainted with him for six years next March, 
and so far as I know it is good. 

By same. How far do you live from him? 

Answer. About five or six miles. 

By Chrisman’s agent. Have you ever heard Mrs. Hill testify on 
oath ? 

Answer. Never in my life. 

By same. Have you ever heard any one say that she was not 
entitled to credit on oath ? 

Answer. I have not. 

By same. How, then, can you say u from what you have heard you 
would not bel'eve her on oath ?'* 

Answer. I heard three of my neighbor women say that she had 
told a barefaced lie on them. These are all the reasons I have for 
saying that I would not believe her on oath. 

By same. In the conversation before alluded to did you not hear 
Mrs. Hill say that her son Andrew was twenty-one years of age ? 

Answer. Not the first time ; she did the second time. 

By same. Is there not some enmity existing between your family 
and the Hill family ? 

Answer. None that I know of. 

By same. Where is Shadrach Blevins now ? 

Answer. I heard him say that he had got home ; when I heard him 
say this he was at his father’s sick ; he had just returned from a trip 
down the river on a coal-hoat; he said that he had brought my salt 
and his daddy’s to the warehouse, and we could go and get it when 
we pleased. 

By same. Where is Shadrach at this time? 

Answer. I heard him say when he left his father’s, week before 
last, that he was going to Tennessee to collect some money ; he had 
not returned to his father’s when I left this morning. 

By same. How long had he been home from down the river before 
he left for Tennessee, as you have stated ? 

Answer. About three weeks. 

By same. Whilst at his father’s, previous to his going to Tennessee, 
did you hear him say his vote was challenged by Chrisman? 

Answer. I dun’t think I ever heard him say anything about it. 

By same. Do you know anything to prevent Shadrach Blevins from 
coming to town (Monticello) and giving his deposition in this con¬ 
tested election ? 

Answer. I know nothing about it. 

By same. Do you know anything about the residence of Francis 
Winchester prior to the late August election? 

Answer. 1 don’t know anything about his residence. 

By same. Is not Shadrach Blevins a young man, and unmarried ? 

Answer. I think he is a single man. 

By same. Are you acquainted with Calvin Bell, son of Joseph 
Bell ? F 

Answer. Tolerably well acquainted with him. 


KENfUCKY CONTESTED ELECTION. 


607 


By same. Is his character good or had ? 

Answer. It is good. 

By same. For whom did you vote in the race for Congress at the 
late August election? 

Answer. I did not vote ; I was sick and did not go to the election. 

By same. Who were you for, Anderson or Chrisman? 

Answer. If I should have went to the election I would have voted 
for Anderson. 

By same. Was Shadrach Blevins at his father’s, in Wayne county, 
whilst Anderson was taking depositions at this place lately ? 

Answer. I don’t know of my own knowledge that he was taking ; 
I only heard he was. 

By Anderson’s agent. Are you or not acquainted with Andrew Hill, 
the son of Catharine Hill ; if so, is not his appearance that of a hoy, 
without beard, tinder the age of twenty years ? 

Answer. I have been acquainted with him for six years next March; 
he has no beard, and looks like a boy; I should take him for a hoy not 
over twenty years of age from his appearance. 

By Chrisman’s agent. How old are you? 

Answer. I will be sixty-seven next October agreeable to my parents’ 
record. 

By same. Have you not seen in your time many men that had a 
youthful appearance, and without beard ? 

Answer. 1 have seen many men that I believe were twenty-one 
that had scarcely any beard at all ; I have never seen any man that I 
knew or believed to be twenty-one years of age but what had more 
beard than said Andrew Hill, and more the appearance of a man. 

By same. Do you know of your own knowledge anything about the 
age of said Andrew Hill ? 

Answer. I don’t. 

his 

ANDREW + LEWALLEN. 

mark. 

The deposition of John Lewallen, taken at the same time and place; 
being of lawful age and duly sworn, states as follows: 

Questions by Anderson’s agent propounded to John Lewallen. 

Question. Are you acquainted with Andrew Hill, son of Catharine 
Hill, that voted for J. S. Chrisman in the late August election ; if so, 
have you not known him ever since his birth? 

Answer. I have known him ever since he was born. 

By same. Do or not you know that the said Andrew was born in 
the year eighteen hundred and forty ? 

Answer. I know that he was born in that year.. 

By same. How do you know that he was born in that year ? 

Answer. My oldest daughter was born in the year 1837, Novem¬ 
ber 16 ; Catharine Hill had a daughter born in the spring, some time 
about April of 1838 ; I had a son born August 6, 1839 ; the next 
spring Catharine Hill had a boy and called him Andrew, that is, in 
the spring of 1840. 

By same. Do you or not know that he is the only boy of Catharine 


608 


KENTUCKY CONTESTED ELECTION. 


Hill of that name, and did you or not see his mother that season with 
him in her arms, and a sucking child? 

Answer. I went to the mill of his father in the summer of 1840 ; 
he was a sucking child then. I have known Mrs. Hill ever since she 
was a girl, and he is the only son of that name. 

By same. Is or not the Andrew Hill that voted for Chrisman for 
Congress at Parmlyville, in this county , at the late August election, the 
same one you spoke of? 

Answer. He is all the Andrew Hill in the Parmlyville precinct, No. 
4, in this county, and his vote is recorded for Chrisman in that poll- 
hook. 

By same. Are you acquainted with the general moral character of 
Catharine Hill ; if so, what is it ? 

Answer. Yes, sir; I am ; and it is not good 

By same. Would you believe her on oath if she had anything at 
stake ? 

Answer. I would not like to. 

By same. Has or not her character been ever since she was a girl 
that of a prostitute and bad whore, ready for every call 

Answer. That is her character. 

By same. How far do you live from Timothy Blevins, the father of 
Shadrach Blevins, and how long have you lived there? 

Answer. I live about two hundred yards from his house; have been 
living there about two years. 

By same. Are you acquainted with IShadrach Blevins, whose vote 
has been challenged by Chrisman ? 

Answer. Yes, sir ; I am. 

By same. Had you or not had several conversations with him, and 
from all you know and heard from him, do you or not consider his 
home at his father’s? 

Answer. Yes, sir ; I do. 

By same. What time did he go to Tennessee. 

Answer. He went in February or March last. 

By same. What do you know about his going to his uncle’s in Ten¬ 
nessee ? 

Answer. He told me that his uncle was compelled to have a hand 
to help him to clear off his ground, and if he would come and help 
him he would give him one-third of the crop. 

By same. Did or not he return home frequently and get clean 
clothing, and do the blacksmith’s work for the neighbors? 

Answer. He returned home sometimes once a week, sometimes once 
in two weeks, sometimes not so often, and sometimes oftener, and got 
clean clothing, and did part of the smith’s work for the neighbor¬ 
hood. 

By same. What time did he quit his uncle’s entirely and remain at 
his father’s? 

Answer. I think it was in the month of June. 

By same. Where has he been ever since ? 

Answer. At his father’s. 

By same. What do you know about his paying tax in Tennessee? 

Answer. I heard him say he had land in Tennessee to pay tax on, 


KENTUCKY CONTESTED ELECTION. 


609 


but grumbled that they had charged or taken a poll-tax against him 
while he was working with his uncle ; that it was not right. 

By same. Do you know where he claimed his home, and where he 
had his washing at that time? 

Apswer. I saw him coming from his uncle’s frequently to his fa¬ 
ther’s in this county ; he was dirty, and when he would go back he 
had clean clothing on ; and when he would pass my house I would 
ask him to stop. He would say he was in a hurry to get home, or 
over to his father’s. 

By same. What is the character of Timothy Blevins ; is it good or 
bad ? 

Answer. It is good. 

By same. What is the general character of William Dobbs? 

Answer. So far as I know it is good. 

By same. How far do you live from him ? 

Answer. About five or six miles. 

By same. How long have you been acquainted with him ? 

Answer. Something more than two years. 

Ordered , That the further taking of depositions be adjourned until 
to-morrow, 9 o’clock a. m. 

W. M. BURTON, P. J. T. M. 


February 21, 1860. 

Resumed the taking of the deposition of John Llewellen pursuant 
to adjournment. 


W. M. BURTON, P. J. T. M. 


By Chrisman’s agent. Did you ever hear Shadrach Blevins say 
that he was a citizen of Tennessee, and could not vote here, during 
the past summer ? 

Answer. I never did. 

By same. Did or not you hear him say his vote was challenged not 
long since ? 

Answer. I think I heard him say they were trying or he had heard 
they were trying to get his vote off. 

By same. When Shadrach came in from Tennessee, did he not come 
to mill generally ? 

Answer. He came to mill sometimes, but as a general thing he did 
not. 

By same. How far from your and his father’s did he live when in 
Tennessee at his uncle’s? 

Answer. Well, sir, 1 would suppose it to be about ten miles ; that 
is only guess work with me 

By same. Did or not the people in Tennessee, or that portion of 
Tennessee about where Shadrach and his uncle lived, come to your 
mill mostly to get their grinding? 

Answer." No, sir ; they did not; they generally went to Mr. Car- 
son’s mill ; from what I heard, Mr. Carson’s mill and mine are on 
Rock creek in this (Wayne) county, Carson’s being some two miles 
nearer the Tennessee line than my own. 

H. Mis. Doc. 11-39 


610 


KENTUCKY CONTESTED ELECTION. 


By same. How old is Catharine Hill, to the best of your knowledge? 

Answer. I suppose she is somewhere near forty ; this is only guess 
work. 

By same. What is her oldest child’s name, and when was he or she 
born ? 

Answer. Her oldest child’s name is Bailey ; I am of opinion he was 
horn in 1834 ; this is also guess work ; I do not know the month or 
day of the month. 

By same. What is her second child’s name, and when was she 
horn ? 

Answer. Her second child’s name is Ceily ; she was born in 1838. 

By same. What is the next child’s name, and when was he horn ? 

Answer. The next one is named Andrew, and I think he was born 
in the spring of 1840 After this I moved from the place where I was 
then living, and lived about fourteen or fifteen miles from Mrs. Hill, 
and I do not know when the balance of her children were born. 

By same. You say that Mrs Hill first took up with a man by the 
name of Owens. How long did they live together after the first child 
was born ? 

Answer. I don’t know whether he left before or after the child was 
born ; 1 heard that they had parted several times, and then they would 
live together again. 

By same. How long after the first child was born before she took 
up with Butram ? 

Answer. I don’t know how long, but it was a right smart while. 

By same. Was it not generally understood through the country that 
she was cohabiting with Butram from the time she left Owens ? 

Answer. It was talked that she cohabited with a William Bu¬ 
tram a short time after Owens left; this was not Andrew Butram, the 
reputed father of Andrew Hill. 

By same. Is there as much as four years’ difference between the 
age of any of the children besides the oldest two ? 

Answer. I think not ; after she commenced living with Butram she 
had children pretty fast. 

By same. Have you ever heard Mrs. Hill testify on oath ? 

Answer. Not that I know of. 

By same. Have you ever heard any one say that she was not enti¬ 
tled to credit on oath ? 

Answer. I don’t know that I did. 

By same. How then can you say that, from your knowledge of her 
general character, you would not believe her on oath ? 

Answer. Any woman that has the reputation in her neighborhood 
that she has I cannot believe her on oath. 

By same. Do you not know that your opinion of her does not con¬ 
stitute general character? 

Answer. I would say that my own opinion of itself would not amount 
to general character if the neighborhood were not of the same opinion. 

By same. Can you tell at what time any of your neighbors’ children 
were born except Mrs. Catharine Hill’s ? 

Answer. I can, by the age of my own children. 


KENTUCKY CONTESTED ELECTION. 611 

By same. Are you acquainted with the general character of Andrew 
Hill? 

Answer. I suppose I am. 

By same. From your knowledge of his general character, is he or 
not entitled to credit on oath ? 

Answer. From what I have heard of him I would have to believe 
him. He told me he swore at the polls he was twenty-one, from the 
information he had received from his mother. 

By same. Is it not generally believed that William Dobbs is a coun¬ 
terfeiter ? 

Answer. If he is I don’t know it. 

By same. Was he not indicted by a grand jury of Wayne county, 
and tried in the Wayne circuit court on a charge of passing counter¬ 
feit money ? 

Answer. I don’t know anything about that. 

By same. How long have you lived in this county ? 

Answer. A little upwards of two years. 

By same. When did the commissioners run the State line between 
Kentucky and Tennessee ; was it before or after the election ? 

Answer. They ran the line between this county and Scott county, 
Tennessee, since the election ; as to the rest of the line I know nothing 
about it. 

By same. How did Mr. Anderson’s friends know that you knew 
anything about the age of Andrew Hill ? 

Answer. I supposed it has been talked about his voting, and I told 
Jeff. Shepperd that Katy or I one was greatly mistaken about his age, 
for I knew that he was younger than my son, Campbell, and he will 
be twenty-one in August. 

By same. For whom did you vote in the race for Congress a the 
last August election? 

Answer. I voted for William C. Anderson. 

By Mr. Anderson’s agent. How far do you now live from Catharine 
Hill ? 

Answer. About two miles. 

By same. Is or not the vote of Andrew Hill, that you have been 
speaking of, recorded on poll-book No. 4 for J. S. Chrisman for Con¬ 
gress in the late August election ? 

Answer. Yes, sir ; it is. 

By same. In what precinct did Shadracli Blevins live and vote at 
the late August election ? 

Answer. In the Dobbs precinct, No. 7. 

By same. When w r as the State line run between Clinton county, 
Kentucky, and Fentress county, Tennessee—was it before or since the 
last August election? 

Answer. I do not know when it was run. 

By Chrisman’s agent. Can you say Shadracli Blevins did live and 
vote in district No. 7 at the late August election? 

Answer. Yes, sir; he was there some time before the election at 
work. 

And further saith not. 


JOHN LLEWELLEN. 


612 


KENTUCKY CONTESTED ELECTION. 


J. S. Chrisman, by agent, excepts to the reading of the foregoing 
deposition, because the time allowed by law for taking proof has ex¬ 
pired. 

J. S. CHRISMAN, by Agent . 

State of Kentucky, Wayne county , set: 

I, Wm. M. Burton, police judge of the town of Monticello, in 
Wayne county, Kentucky, (the police court of said town being a 
court of record,) do certify that the foregoing depositions of John 
Llewellen and Andrew Llewellen were taken before me at the time and 
place and for the purpose in the caption mentioned, said witnesses 
having been by me first duly sworn, their statements reduced to 
writing in my presence and the presence of the witnesses and the 
agents of W. C. Anderson and James S. Chrisman ; that said wit¬ 
nesses severally attested and subscribed their depositions in my 
presence, and that the depositions have in no manner been altered or 
erased since taken. 

Given under my hand this 20th February, 1860. 

WILLIAM M. BURTON. 

P. J. T. M. 


Expenses. 


Judge’s cost.... $2 20 

Per diem and mileage of witnesses. 5 50 

Sheriff’s costs. 40 


8 10 


Attest * 

WILLIAM M. BURTON, 

P. J. T. 31. 


State of Kentucky, Wayne county court , set: 

I, William Simpson, clerk of the county court for the county afore¬ 
said, do certify that William M. Burton, esq., whose genuine signa¬ 
ture appears to the foregoing certificate, is now, and was at the time 
of the signing thereof, and h yet, police judge of the town of Monti¬ 
cello, in the county and State aforesaid, duly elected, commissioned, 
and qualified as such, and that all his official acts as such are en¬ 
titled to full faith and credit, and that his attestation is in due form 
of law. 

Given under my hand and seal of office this 21st day of Feb- 
r -j ruary, 1860. 

L J WILLIAM SIMPSON, Clerk, 

By J. M. SAUFLEY, Deputy Clerk. 








KENTUCKY CONTESTED ELECTION. 


613 


KENTUCKY CONTESTED ELECTION. 


February 29, 1860. —Referred to the Committee on Elections, and ordered to be printed. 


James S. Chrisman: 

Take notice, that I shall, before Wm. M. Burton, police judge of 
the town of Monticello, Wayne county, Kentucky, at the court-house 
in the town of Monticello, Wayne county, Kentucky, on the 9th day 
of February, 1860, commence taking the depositions of Isaac Shep- 
perd, Thomas Sowders, Benoni Mills, Parish Graham, Lewis Daven¬ 
port, Mrs. William Guffey, Shadrach Blevins, William Hoy, W. 
C. Hoy, Nathaniel Hill, Charles Ealan, Mrs. Elias Kelley, L. A. Lanier, 
G. K. Noland, J. V. Warden, William Dobbs, Richard Cooper, John 
S. Yan Winkle, W. H. Bates, Lewis Russell Jones, Jeremiah Sloan, 
jr., and Jesse Wright, ail of whom live in the county of Wayne and 
State of Kentucky ; also, same time and place, and before the same 
officer, I shall take the depositions of David C. Travis, resident 
of Fentress county, Tennessee, and John W. Marion, resident of 
Clinton county, Kentucky; also John Denny, Reuben Denny, Joseph 
B. Newell,William McGee and Mrs.Wm. McGee, and Richard Cooper, 
all of whom reside in Pulaski county, Kentucky ; also the depositions 
of A. R. West, Amanda Kennet, John Kennet, Charles H. Buster, 
Mashack Stephens, B. E. Roberts, and William Brown, who reside 
in Wayne county, Kentucky, and shall continue from day to day 
until completed, Sundays excepted ; which, when taken, to he used as 
evidence in behalf of W. C. Anderson before the House of Represen¬ 
tatives of the 36th Congress of the United States in the case of the 
contested election between you and myself, in which you contest my 
right to a seat in said Congress. 

W. C. ANDERSON. 

Executed on James S. Chrisman by leaving a copy of this notice at 
his usual place of abode, he beiDg absent, on this 30th January, 1860. 

F. BATES, 

Sheriff of Wayne county . 

January 30, 1860. 

Commonwealth of Kentucky, Wayne county: 

To the sheriff of Wayne county or any constable : 

You are commanded to summon Lewis Davenport, William Dobbs, 
W. C. Hoy, and Shadrach Blevins, jr., to appear before William M. 
Burton, police judge of Monticello, at the court-house in said town, 
on the 8th day of February, 1860, to testify on behalf of W. C. An¬ 
derson in the case of contested election between him and J. S. Chris¬ 
man now pending before the 36th Congress of the United States ; and 
this vou will not omit, and have then and there this writ. 

y G. W. MILLS, P. J. W. <7. 


January 30, 1860. 




614 


KENTUCKY CONTESTED ELECTION. 


Executed in full, except William Dobbs, this 8th February, 1860. 

ANDREW B. SLAVIN, C . W. 0. 

Commonwealth of Kentucky, Wayne County: 

To the sheriff of Pulaski county or any constable: 

You are commanded to summon R. Cooper, Joseph B. Newell, 
Reuben Denny, John Denny, William McGee, and Mrs. Wm. McGee, 
to appear before William M. Burton, on the 9th of February, 1860, 
at the court bouse in Monticello, to testify on behalf of W. C. Ander¬ 
son in the case of the contested election between him and J. S. Chris- 
man now pending before the Congress of the United Satets ; and this 
you will in nowise omit, &c. 

G. W. MILLS, P. J . W. C. 

February 1, 1860. 

We acknowledge the service of the within subpoena February 5, 
1860. 

WILLIAM McGEE. 

MARGARET McGEE. 


Commonwealth of Kentucky : 

To the sheriff of Wayne county : 

You are commanded to summon Benoni Mills, Thomas Sowders, 
and Mrs. Elias Kelley to attend at the court-house in Monticello, Ken¬ 
tucky, on February 9, 1860 ; also summon L. A. Lanier, G. K. No¬ 
land, Rus. Jones, J. V. Warden, and Jesse Wright to attend, on the 
10th February, at same place ; also summon B. E. Roberts, William 
Brown, and A. R. West to attend, at the same place, on 11th Feb¬ 
ruary, 1860, to give their depositions bef3re W. M. Burton, P. J. T. 
M., on a contested election wherein James S. Chrisman contests the 
right of W. C. Anderson to a seat in the 36th Congress of the United 
Stfttcs 

GEORGE W. MILLS, P. J. W. C. C. 

January 31, 1860. 

Executed, January 31, 1860, on James Y. Warden, G. K. Noland, 
Russ. Jones, B. E. Roberts, Thomas Sowders, Benoni Mills, Mrs. 
Elias Kelley, L. A. Lanier, A. R. West, and Jesse Wright, which is 
in full. 

F. BATES, S. W. C. 

Febuaary 7, 1860. 

Commonwealth of Kentucky : 

To the sheriff of Wayne county: 

You are commanded to summon T. C. Brown, R. M. Tate, and 
Wm. Brown to attend before W. M. Burton, P. J. T. M., at the court¬ 
house in Monticello, on the 13th day of February, 1860, to give their 
depositions in a contested election pending before the House of Repre- 


KENTUCKY CONTESTED ELECTION. 


615 


sentatives of the 36th Congress of fhe United States, wherein James 
S. Chrisman contests the right of W. C. Anderson to a seat in said 
House. 

W. M. BURTON, P. J. T. M . 

February 3, 1860. 

Executed in full February 7, 1860. 

F. BATES, S. W. C. 


Mr. James S. Chrisman: 

Take notice that on the 13th day of February, 1860, at the court¬ 
house in Monticello, Wayne county, Kentucky, before Wm. M Bur¬ 
ton, police judge of the town of Monticello, I shall proceed to take 
the depositions of John II. Godderd, Henry Franklin, Mrs. John F. 
Franklin, widow, Mrs. Garrison Buster and Garrison Buster, T. C. 
Brown, R. M. Tate, and J. T. Wilhite, all of whom reside in Wayne 
county, Kentucky, to be used as evidence before the House of Repre¬ 
sentatives of the 36th Congress of the United States in a contested 
election wherein you contest my right to a seat in said House, Feb¬ 
ruary 1, 1860. I shall continue taking said proof from day to day, 
Sundays excepted, until completed. 

W. C. ANDERSON. 


Executed on James S. Chrisman, by leaving a true copy of this 
notice at the usual place of abode of said Chrisman on 2d February, 


1860. 


L. P. BAKER, D. S. 
For F. BATES, 8. WO . 


The depositions of Lewis Davenport and others, taken at the court¬ 
house in the town of Monticello, Wayne county, Kentucky, on the 
8th day of February, 1860, to be used as evidence before the House of 
Representatives of the 36th Congress of the United States, in a con¬ 
tested election, wherein James S. Chrisman contests the right of 
Wm. C. Anderson to a seat in said House of Representatives. The 
witness, being first duly sworn, testified as shown below: 

J. S. Chrisman, by his agent, excepts to the taking of the follow¬ 
ing deposition, because Mr. Anderson has not given Mr. Chrisman 
notice that he would take depositions on this day ; or, if he has, his 
attorney cannot produce a copy of the notice, nor can he give satis¬ 
factory proof that such notice has ever been served on Mr. Chrisman ; 
and because, furthermore, the time allowed by law for taking proof 
has expired. 

J. S. CHRISMAN, 

By his agent. 

Question by W. C. Anderson’s attorney. State who was the clerk 
of the late August election at precinct or district No. 7 of Wayne 
county. 

Answer. I was the clerk myself. 


616 


KENTUCKY CONTESTED ELECTION. 


By same. Were or not the officers of said election duly sworn ? 

Answer. Yes, sir ; at least we were sworn. 

By same. Look at the poll-hook of said precinct for the late August 
election and say whether or not the same is all in your handwriting ? 

Answer. I have before me the poll-books of Wayne county for the 
late August election, admitted to be the hooks returned to the proper 
office, and have examined the poll-book of district No. 7 of said 
county, and state the same is all in my handwriting, except the cer¬ 
tificates, which were made out by another and signed by the officers. 

By same. State whether or not all the votes cast at said precinct 
at said election were taken on the proper day between the hours of six 
o’clock a. m. and seven o’clock p. m., and recorded by you as they 
were given. 

Answer. The votes cast at said election at said precinct were taken 
on the day appointed by law between the hours mentioned, and said 
votes were recorded on the book before me as they were cast. 

By same. State whether or not you recognize said book as the poll- 
hook used by you at said election, and state if you have a recollection 
of the number of votes cast each for J. S. Chrisman and W. C. An¬ 
derson, independent of what the record shows. 

Answer. It is the same hook used at said election by me as the poll- 
book ; I have a recollection, independent of the poll-book, of how 
many votes were cast each for W. C. Anderson and J. S. Chrisman 
for Congress ; James S. Chrisman got 33 votes at said precinct, and 
W. C. Anderson got 40 votes. 

By same. How did it happen that you failed to sign your name at 
the bottom of each page of the poll-book as the election proceeded ? 

Answer. I did not then know that it was required by law to be 
done. 

By same. Are you acquainted with Catharine Winchester, alias 
Katy Hill? 

Answer. I have frequently seen her ; I know her ; she lives about 
three miles from me ; I have known her from six to ten years. 

By same. Is she or not a prostitute, and has she or not the general 
character of being such ? 

Answer. Her general character in my neighborhood is that she is 
a prostitute. 

By same. From your acquaintance with her general character, 
would you believe her on oath ? 

Answer. From her general character I don’t think I could believe 
her on oath. 

By same. Are you acquainted with Timothy Blevins, father to 
Shadrach Blevins ; if so, what is his general character? 

Answer. I am acquainted with said Blevins ; his character is as 
good as anybody’s ; he is regarded, where known, as an honorable 
and truthful man. 

By same. Are you acquainted with one James Davis, who voted at 
precinct No. 7 at the late election for J. S. Chrisman ; if so, what is 
his general character ? 

Answer. I am acquainted with said Davis and have known him 


KENTUCKY CONTESTED ELECTION. 


617 


about twenty years ; his general character is bad, and has been since 
I have known him. 

By same. From your knowledge of said Davis’s general character, 
would you believe him on oath, and is he entitled to full credence on 
oath ? 

Answer. I think I could not believe him on oath, from my knowl¬ 
edge of his general character ; I think he is not entitled to full credit 
on oath. 

By Mr. Chrisman’s agent. How long has Mrs. Hill, or Winchester, 
been married to her last husband, and have you heard anything said 
against her character since her last marriage ? 

Answer. I don’t know how long she has been married to her last 
husband ; not more than two years, I think ; since her last marriage 
I have heard no one say that he had had intercourse with her, though 
I think she is believed still to be a prostitute. 

By same. Have you ever heard her testify on oath, or have you 
ever heard any one say that she was not to be believed on oath ? 

Answer. I never heard her testify on oath ; and I never heard any 
one say that she was not to be believed on oath, though I have heard 
a few persons say they would not believe her on oath. 

By same. Have you ever heard James Davis testify on oath, or 
have you ever heard any one say that he was not to be believed on 
oath ? 

.Answer. I never heard James Davis testify on oath, but I have 
heard various men through the county say they would not believe him 
on oath or off of oath. 

By same. Give the names of some of the various persons you have 
heard thus speak ; also the time and place where you heard them 
make such statements. 

Answer. I don’t know that I can give the time or place, but I have 
heard James Dolen with whom he has lived, and Thomas Ryan with 
whom he has also lived, say that there was no dependence to be put 
in him, and I understood them to say they would not believe him any 
way ; I can give the names of no other persons at this time. 

By same. Have you heard these statements made before or since the 
election ? 

Answer. I heard Ryan speak of it some three or four years ago, 
and Dolen both before and since the election. 

By same. Are you acquainted with Calvin Bell and James J. Shep¬ 
pard ; if so, what is their general character, and are they entitled to 
credence on oath ? 

Answer. I am acquainted with the persons to whom you allude in 
your question, but I cannot say that I know their general character. 

By same. How far do you reside from Calvin Bell, and how long 
have you known him ? 

Answer. I live about four or five miles from Calvin Bell, and have 
known him about seven or eight years, but have not lived that near 
for more than three years ; I have never been about him much. 

By same. Is not Calvin Bell a brother-in-law of Shadrach Blevins? 

Answer. He is said to be. 


618 


KENTUCKY CONTESTED ELECTION. 


Bv same. For whom did you vote in the race for Congress at the 
late August election ? 

Answer. For William C. Anderson. 

By same Were you not a warm political friend and active sup¬ 
porter of Mr. Anderson during the late canvass ? 

Answer. I talked as much for him as I could, believing that he was 
the right man to elect. 

And further saith not. 

LEWIS DAVENPORT. 

The further taking of depositions herein is adjourned until to-mor¬ 
row morning at nine o’clock A. M. 

W. M. BURTON, P, J. T. M. 

February 8, 1860. 

Met pursuant to adjournment Thursday morning, February 9,1860. 

W. M. BURTON, P. J. P M. 

The deposition of Reuben Denny, taken at same place, and for like 
purpose, on 9th February, 1860, said witness being first duly sworn. 

[James S. Chrisman by his agent, excepts to the taking of each 
and all of the following depositions, because Mr. Chrisman has not 
been served with sufficient notice of the same, and because the time 
allowed by law for taking proof has expired. ] 

J. S. CHRISMAN, by Agent. 

Question by Anderson’s attorney. Are you acquainted with Cib 
alias Sibrom Crutchfield, son of John Crutchfield, of this county ; if 
so, did said Crutchfield vote at the late election in Wayne county, and 
for whom for Congress ? 

Answer. I am to some extent acquainted with Cib or Sibrom Crutch¬ 
field, son of John Crutchfield, of this county; said Crutchfield (Sib¬ 
rom) told me he voted at the Mill Springs precinct in Wayne county, 
at the late August election for J S. Chrisman for Congress; I cannot 
say he told me he voted at Mill Springs precinct, hut his father I 
know lived in that district at that time. 

By same. State whether or not you ever had a conversation with 
said Sibrom Crutchfield in relation to his voting at said election ; if 
so, state all he said upon that subject as well as about his place of 
residence. 

Answer. I had a conversation with said Crutchfield at my house, 
some time about the 1st of November last. Said Crutchfield staid 
all night with me. The subject of the contested election between An¬ 
derson and Chrisman was talked of between us. I told him his vote 
was challenged and thought to be illegal. He stated that he thought 
himself that his was not a legal vote, from the fact that he was not 
stationed in this country. He stated that he was then about to start 
to the south, and intended to remain south if he could get a situation 
as overseer ; and if he could not, he was going back to Iowa or Mis¬ 
souri, (I don’t remember which,) where he had land. He asked me to 
give him the law in relation to the qualifications of voters, which I 
did, as I understood it; and he then remarked that his was not a good 


KENTUCKY CONTESTED ELECTION. 


619 


vote ; and stated that at the time of the election he would not have 
voted but that 11 they" told him he was a legal voter, but that he did 
not think so himself until “ they” told him that he was a good voter. 
In the conversation before-mentioned, he remarked to me, that as I 
had been a magistrate I ought to know the law, and asked me to give 
it to him. I told him the law of the State required the voter to have 
lived two years in the State, and sixty days in the precinct next pre¬ 
ceding the election, or one year in the county, and sixty days in the pre¬ 
cinct where the vote should be cast, next preceding the election. This, 
I think, was in substance what I told him in relation to the law. He 
then said, as before stated, that he was not a good voter. In the same 
conversation he spoke of having land out west, and wanted to get his 
father to remove out there, and, I think, requested me to use my in¬ 
fluence with his father to induce him to remove out west, where he 
(sibrom) had land. This is my recollection. During the summer 
before the election I talked with Crutchfield about the election, and he 
told me if he was entitled to vote, he should cast it for Mr. Chrisman. 
His father, John Crutchfield, had expressed an intention of voting for 
Mr. Anderson, which led to my talking with Sibrom on the subject. 

By same. State whether or not said Sibrom Crutchfield had not been 
gone to the west for some considerable time before last year. State 
whether or not yourself and said Crutchfield were not quite friendly 
at the time of the visit and conversation of which you have spoken. 

Answer. Crutchfield (Sibrom) and I were very friendly at the time 
mentioned, and continue so. He has been in the west, as he informed 
me, somewhere between four and five years. I am not positive, but 
I think about that time. I can’t say when he came back—think it 
was about twelve months ago. 

By same. Did he or not, in the conversation aforesaid, state that he 
did not consider this his home, and that he was not going to stay? 

Answer. I can’t say that he said he did not regard this as his home, 
but only stated, as before said, in speaking of the law, that it would 
cut him out of his vote, but that he cast it honestly, and that he was 
not going to stay in this country ; said he was going south or back 
west. 

By Chrisman’s agent. Please examine the poll-book of the Mill 
Spring precinct for the last August election and see if the said Sibrom 
Crutchfield was not sworn when he voted ? 

Answer. I have examined the poll-book of said district, and find 
that said Crutchfield was sworn when he voted. 

By same. Where was it that you had the conversation with him be¬ 
fore the election in which he told you he was not a good voter, and 
who was present at the time ? 

Answer. In the conversation which I had with him before the elec¬ 
tion he said that if he was entitled to a vote he would vote for Chris¬ 
man. This was at the house of John Kelly, his (Kelly’s) wife and 
children were present. 

By same. In the conversation which you had after the election did 
he tell you that he was sworn when he voted ? 

Answer. He did not. 


620 


KENTUCKY CONTESTED ELECTION. 


By same. Is or not the said Sibrom Crutchfield entitled to credit on 
oath ? 

Answer. I would give him credit on oath as quick as I would any 
other man. 

By same. For whom did you vote in the race for Congress at the late 
election ? 

Answer. For W. C. Anderson. 

By same. Were you not a zealous and active supporter of Ander¬ 
son, doing all you could to secure his election? 

Answer. I don’t know that I did all that I could for him, but I was 
a warm friend of his. 

Bv same. Are you not intimate with John Crutchfield, the father of 
Sibrom, and have you ever heard him. say anything about Sibrom not 
living in this State and county ? 

Answer. I am well acquainted with the said John Crutchfield, and 
I heard him say that he did not consider his son a legal voter ; this 
was before the election. 

By same. Did he give you his reasons for saying that his son was 
not a good voter ; if so, what were they ? 

Answer. I don’t know that he did ; we were speaking of the voters 
in that district, and he did not count his son as a voter ; this was at 
my house. I never asked him his reasons for saying that his son was 
not a good voter. 

By same. From your knowledge of the general character of John 
Crutchfield, would you believe him on oath ? 

Answer. I would. 

By Anderson’s attorney. Were you or not raised in Linking pre¬ 
cinct in this county, (No. 5,) and have you or not a very general ac¬ 
quaintance in said precinct; if so, was there or not at the last election 
more than one Stephen Loveall in said precinct ? 

Answer. I was raised in said precinct; I have a very general ac¬ 
quaintance there; I think I know nearly every man in the precinct ; 
I know of but one of that name, Stephen Loveall, being in said dis¬ 
trict at the late election. There was another years ago in said pre¬ 
cinct, but he went oft’ some years ago. 

And further saith not. 

R. S. DENNY. 

Also the deposition of Wm. McGee, taken at same time and place, 
for same purpose, after being duly sworn: 

Question by Anderson’s attorney. State if you are acquainted with 
one Stephen Loveall, who resides in district No. 5 of this county, and 
state how long you have known him? 

Answer. I am acquainted with Stephen Loveall, who lives in Link¬ 
ing district of this county ; I have known him from his birth, twenty- 
one years two months or thereabouts. 

By same. State the date of his birth ; state if you have any reason 
or circumstance which enables you to remember it; state who were 
his parents, and how near you lived to his parents when he was born? 

Answer. Said Loveall, from my recollection, was born the 5th or 
6th day of December, 1838 ; I am enabled to remember the date of 


KENTUCKY CONTESTED ELECTION. 


621 


his birth from the age of my daughter Anne Jane ; I have a record 
of my daughter’s birth, made about the time of her birth ; I cannot 
read myself, but it was read to me recently, giving her birth on 20th 
December, 1838, and 1 know it is correct. My daughter was born in 
December after David Gibbs was hung in this county for the murder 
of Roger Oatts, which was in the summer of the year 1838. Aaron 
Loveall was his father, and Armelda Loveall was his mother; I lived 
about a half mile of them, at the time of his birth. I have known 
said Stephen Loveall ever since. Said Loveall is just about two weeks 
older than my daughter ; I have a clear recollection of the cir¬ 
cumstance. 

By same. Are you or not well acquainted in the Linking district 
(No. 5) of this county ; if so, was there any other Stephen Loveall 
living in said district at the time of the late election, except the one 
you have mentioned ? 

Answer. I am well acquainted in said district; there was no other 
Stephen Loveall residing in said district at the late election, so far as 
I know, and I think I know pretty much all the voters in the district, 
at least the greater portion of them. 

By same. Have you ever heard said Loveall say that he voted at the 
late election in district No. 5 of this county, and for whom did he 
vote for Congress ? 

Answer. Since the last election said Loveall told me he voted in the 
Linking (No. 5) district of this county for J. S. Chrisman for Con¬ 
gress ; he said, in the same connexion, that he was sworn when he 
voted, and that he stated his mother and Mrs. John Black told him 
he was old enough, and that was the reason why he voted, and he 
stated there was no record of his age. 

By same. Are you acquainted with Sam’l Pennington, who now 
lives in the upper end of this county; if so, state all you know about 
him leaving this country some year or more since? 

Answer. I knew Sam’l Pennington who lived at Mill Springs pre¬ 
cinct of this county, (No. 6.) Some time before Christmas of 1858, 
I think in November, I was present at Sam’l Lane’s, when said Pen¬ 
nington came to Lane’s for a wagon which he had bought, and stated 
that he was going to move in said wagon to either Virginia or North 
Carolina, (I don’t remember which.) He stated his son had come after 
him ; he said that he was fixing to move, and that he was going to 
have a sale ; he stated nothing about returning ; I know he was absent 
from the country for some time ; I think he came back late in the 
spring of 1859 ; I have talked to him since he returned ; he stated that 
the reason he did not stay where he had moved, was the fact that the 
women of his family were not satisfied to live there. 

And further saith not. 

his 

WM. + McGEE. 

mark. 

Also the deposition of Margaret H. McGee, taken at same time and 
place, being first sworn. 

Question by W. C. Anderson’s attorney. Are you or not the wife 
of Wm. McGee, whose deposition has just been taken ? 


622 


KENTUCKY CONTESTED ELECTION. 


Answer. I am. 

By same. Are you or not acquainted with Stephen Loveall, of whom 
your husband has spoken ; if so, what is his age ? If you have any 
circumstances which enable you to remember it, give them. 

Answer. I am acquainted with said Loveall. Agreeable to my 
knowledge, said Loveall was born either on the 5th or 6th day of De¬ 
cember, 1838. I know the age of said Loveall by the age of my 
daughter Anne Jane, who was born on the 20th day of December, 
1838. I have a record of my daughter’s age, made on the day after 
my daughter’s birth. I read the record on yesterday, and have given 
it correctly, and would have brought it with me but my husband told 
me that he thought it was unnecessary. I also have a distinct recol¬ 
lection that Gibbs was hung in this county the summer before the 
birth of my daughter. I lived in about a half mile of said Loveall’s 
parents when he was born. I have known him to be the same Loveall 
who was born a few days before my daughter. 

By same. Please examine the poll-book of district No. 5 of this 
county, and state if the vote of said Stephen Loveall is there recorded, 
and for whom, for Congress. 

Answer. I have examined said poll-hook, and find the vote of Ste¬ 
phen Loveall there recorded for J. S. Chrisman for Congress. 

By same. What is your husband’s politics, and for whom did he 
vote for Congress at the late election ? 

Answer. He is a democrat, and voted for J. S. Chrisman for Con¬ 
gress at the late election. 

By same. Are you acquainted with Samuel Pennington, who resides 
in the Mill Springs district of this county ? If so, state all you know 
about his removing from this State. 

Answer. I know said Pennington. I was at the residence of Samuel 
Lane about the 1st of November, 1858—at least before Christmas of 
that year. Said Pennington came there for a wagon ; said he was 
going to move ; that he was going to have a sale of his property, and 
that he was going to Virginia to live with his son or sons, who had 
come for him. He stated that he was getting old, and that his sons 
were going to take care of him. He made a sale of his property 
before he moved. I know that he was gone from the place he used to 
live for some time. He came back some time last spring. And 
further saith not. 

M. H. McGEE. 

Also the deposition of Worneford Kelly, taken at the same time and 
place, who, being first sworn, testified as shown below : 

By Anderson’s attorney. Are you acquainted with Stephen Loveall, 
who resides in the Linking precinct of this county ? If so, state his 
age, if known to you. Give any circumstance which enables you to 
remember his age. 

Answer. I know Stephen Loveall when I see him. His father’s 
name was Aaron Loveall. My son James was born in September, 
18<^9, and Stephen Loveall was born in the winter before. I have a 
record of my son’s age, which shows he was born on the 10th of Sep¬ 
tember, 1839. The record is right. I can recollect, I think, the ages 


KENTUCKY CONTESTED ELECTION. 


f 23 


of all my children without a record. I examined the record yesterday. 
I did not know it would be necessary to bring the record of my son’s 
age or I would have done so. I lived within one and a half mile of 
Loveall’s father when he was born. I was well acquainted with Ste¬ 
phen Loveall when he was small, and have also known him ever since. 
Wm. McGee and wife lived in the same neighborhood at the time of 
Loveall’s birth. I was at their house when I heard of his birth. 
And further saith not. 

WORNEFORD KELLY. 

Also the deposition of Wm. C. Hoy, taken at same time and place, 
for same purpose, said witness, being first duly sworn, testified as 
shown below : 

Question by W. C. Anderson’s attorney. Are you acquainted with 
one C. F. Kidd who voted at Edward’s precinct, in Wayne county, 
(No. 3,) at the late election? If so, state if his vote is recorded, and 
for whom. 

Answer. I am acquainted with C. F. Kidd, and find his vote 
recorded for J. S. Chrisman for Congress at the late August election 
on poll-book of district No. 3 of Wayne county. 

By same. State what you know in relation to said Kidd emigrating 
to the State of California ; state when, and all you know about it. 

Answer. In the year 1858, (about 22d May, we started) Kidd and 
myself went together to the state of California. When we left Ken¬ 
tucky Kidd said he wanted to go to see his brother who lived in Cali¬ 
fornia, and said if the country suited him when he got there aud he 
should be satisfied to stay that he would send for his wife and make 
California his home. After he got to California and had been there 
awhile he concluded the country suited him aud that he would make 
it his home, and accordingly he got me to write to his wife to sell his 
property and come to California. He also requested that his brother 
should bring his wife to California. The understanding between 
Kidd and myself was, that if he concluded to live in California I was 
to come back and take his wife out there; but when he concluded to 
stay and live in California we concluded that it would be less expen¬ 
sive for Kidd’s brother to bring his wife to California, and consequently 
he had me to write as I have stated. Kidd could write but little. 
The letter was directed to Transville, in Fentress county, Tenn. 

By same. When did said Kidd leave California: and what did he 
say he was leaving for? 

Answer. He left California I think in December, 1858, or January, 
1859. Before he left he heard from his brother whom he requested 
to accompany his wife to California, and that he would not do so. 
Kidd then said he would come back to the States for her himself, and 
take her with him to California to live. This is the substance of his 
statement upon that subject. 

By same. Have you or not a very general acquaintance in district 
No. 3 of this county: if so, state if there was any other C. F. Kidd 
than the one you mention living in said district at the late election? 

Answer. I "have a very general acquaintance in said district, and I 
know of but one C. F. Kidd who was living in that district at that time. 


624 


KENTUCKY CONTESTED ELECTION. 


By same. Had said Kidd any fixed time to return when he left here? 

Answer. He had no fixed time to return that I ever heard of when 
he left here; in fact he concluded to stay in California as I have before 
stated. 

By same. Did you hear said Kidd say that he never intended to 
come hack to Kentucky ? 

Answer. I cannot say that he stated he would never come hack.. 

By Chrisman. When did you and the said Kidd arrive in California? 

Answer. On the 28th or 29th day of June, 1858. 

By same. How many letters did you write to the said Kidd's wife, 
for him ? 

Answer. I wrote two or more. 

By same. Did you write as many as six ? 

Answer. I can’t say that I did : I don’t suppose I did. 

By same. How many letters had you written to her before you wrote 
the one requesting her to come to California? 

Answer. I can’t say whether it was one or two. 

By same. Did the said Kidd receive answers to the letters you had 
written before you wrote for her to come to California ? 

Answer. I think he had. 

By same. How long had he been there before you wrote to his wife 
to come to California ? 

Answer. I think about two or three months. 

By same. How long before he received an answer to that letter? 

Answer. To the best of my knowledge something over two months. 

By same. Had he declined the idea of taking his wife there before 
he received an answer ? 

Answer. I can’t say, sir. 

By same. Did you ever write a letter to his wife for him telling her 
not to come? 

Answer. I can’t say. I don’t recollect that I did. 

By same. When did he conclude to come back to the States or 
Kentucky? 

Answer. Shortly after he got an answer to his letter, stating that 
his brother would not bring his wife, which was in December, 1858 
or January 1859, I think. 

By same. Did you not hear him tell his brother that he did not 
want to make California his home? 

Answer. I did not. 

By same. Was it not at the solicitation of you and his brother that 
he, Kidd, wrote for his brother in Tennessee to take his wife to Cali¬ 
fornia ? 

Answer. I wanted him to stay there, and had talked to him about 
the propriety of taking his wife there ; and suggested his getting his 
brother to take his wife there ; but I cannot say that I was the cause 
of his doing so. 

By same. Did Kidd ever vote in California ? 

Answer. Not that I know of. 

By same. Was there ever any sale of his property in Kentucky? 

Answer. I can’t say about that, as I was not here. 


KENTUCKY CONTESTED ELECTION. 625 

By same. Did he not tell you while in California that he owned 
land in Kentucky ? 

Answer. Before leaving here, he and his brother-in-law occupied 
land in this county ; but I understood from him, after he concluded 
to make his home in California, he now gave up the land to his brother- 
in-law, and let him have full possession of the land, and his brother 
in California was to let his brother-in-law have money to assist in 
making the first payment. 

By same. Does not the said Kidd now reside in this county ; and 
do you know of anything to prevent his coming here to give his 
deposition ? 

Answer. I think he now resides in this county ; and I know of 
nothing to prevent his coming here. I was a political friend of Mr. 
Anderson in the late contest. I did not vote myself, as I had gone 
to California, as I have stated, with Kidd ; but I did not intend to 
live there. 

W. C. HAY. 

Also the deposition of Henry Franklin, taken at same time and 
place, the witness being first duly sworn : 

Question by W. C. Anderson’s attorney. State whether or not you 
have been absent from the State during the last two years? If so, 
did you leave with the intention of residing elswhere than in Wayne 
county, Kentucky. 

Answ r er. I was out of this State in the year 1858. I left in March 
and came back in December, of the same year. I was most of the 
time employed as a hand on the Cumberland river on steamboats. I 
left with the intention of returning to my father’s, in district No. 1 of 
Wayne county, where I voted. I did not intend to remain long when 
I left. I only took with me the clothes I had on. The remainder of 
my clothes I left at my said father’s. I had before that lived at my 
father’s, and returned there when I came back. 

By same. Was it not your object, when you went on the river, to 
make money by your work ; and did you or not claim and consider 
your father’s as your home during the whole time you were gone? 

Answer. It was my object to work and make money when I left 
here, and that was my only purpose. I claimed and considered my 
father’s as my home during the whole time I was gone. I had no 
fixed place to stay when I was gone. I was at Nashville a while, 
where I was detained by sickness. 

By same. Were you not born and raised in district No. 1 of this 
county ; and did you ever abandon your said home at any time? 

Answer. I was born and raised in said district. I never did aban¬ 
don my said home at any time. I now live at same place. 

By same. Did you ever tell any one when you left, as you have 
stated, that you were going off to stay ; if you made such a statement, 
was it seriously or jestingly said ? 

Answer. I have no recollection of making such a statement. If I 
did make such, it was not done seriously, as I had no such intention. 

[James S. Chrisman, by his agent, excepts to the reading of the 
foregoing deposition, and refuses to cross-examine, because the notice 

H. Mis. Doc. 11-40 


626 


KENTUCKY CONTESTED ELECTION. 


which was left at Mr. Chrisman’s residence on the 1st inst., (only 
eight days ago,) stated that Mr. Franklin’s deposition would be taken 
on the 13th of this month, and not on the 9th.] 

J. S. CHRISMAN, by Agent . 

Also the deposition of Joseph B. Newell, taken at same place, and 
for same purpose, being first duly sworn : 

Question by Anderson’s attorney. Are you acquainted with Samuel 
Pennington, who resides in Mill Springs district, of this county ? If 
so, is there but one of that name; and state all you know in relation 
to said Pennington leaving this county in the year 1858. 

Answer. I am acquainted with said Pennington. I know of but 
the one Samuel Pennington in said district. Said Pennington left 
this county in the fall of 1858 ; a few days before he left he told he 
was going to reside with his children, either in North Carolina or 
Virginia, I don’t remember which. He stated that he never expected 
to return to Kentucky when he moved. He had a little sale, and 
sold his property, except what he took with him. He was a cooper 
by trade, and sold his coopers’ tools, as well as his corn and wheat; 
I think all of it. One of his sons, from North Carolina or Virginia, 
was out here at the time for the purpose of taking him to live with 
his children, at least said Pennington claimed him as his son. Said 
Pennington came back to Wayne county I think the day of the last 
May election. I meet him in Somerset, Kentucky, as he was return¬ 
ing, and remarked to him that I never expected to see him again in 
this county, he answered that the country where he had been was so 
poor that a wild hog could not live in it. I lived in about two miles 
of him when he moved. I know of no property he left in this county 
when he moved. 

By Chrisman’s agent. Can you state positively, and of your own 
knowledge, that he left no property in this county ? 

Answer. I cannot; but if he left any property in this county I know 
nothing of it; he sold off all of his little property, and said that he 
never expected to come back. 

By same. When Pennington told you he never expected to return 
to Kentucky, did you believe what he said? 

Answer. I did. 

By same. How long have you lived in the neighborhood of said 
Pennington? 

Answer. I have been living within two miles of him for the last two 
or three years, except when he was gone to North Carolina or Virginia; 
I have known him some five or six years, or more. 

By same. What is his general character ? 

Answer. I don’t know that I have ever heard his character dis¬ 
cussed. 

By same. Have you ever heard anything said against him that 
would prevent you trom believing him on oath ? 

Answer. Not until he gave his deposition in this case. 

By same. Have you ever heard any one save the political friends of 
Mr. Anderson say that they would not believe him on oath ? 


KENTUCKY CONTESTED ELECTION. 627 

Answer. No, sir ; I think the democrats generally credit him cn 
oath, especially in this case. 

By Anderson’s attorney. Since said Pennington gave his deposition 
in this case, is it or not generally reputed of him, among those you have 
heard speak of the subject, that he is not a man entitled to credence on 
oath ? 

Answer. The general belief of those I have talked to with reference 
to his said testimony in this case, is that he did not swear correctly in 
his said deposition. 

By same. Has his said testimony or not been spoken of by a good 
many persons in your neighborhood ? 

Answer. It has. 

JAMES B. NEWELL. 

Also the deposition of Richard Cooper, taken at the same time and 
place, he being first duly sworn: 

Question by Anderson’s attorney. Are you or not acquainted with 
Samuel Pennington, who lives in district No. 6 of this county ? If so, 
state all you know about said Pennington emigrating to North Caro¬ 
lina or Virginia. 

Answer. I am acquainted with said Pennington ; I lived near said 
Pennington ( within about a mile ) for something over one year before 
Pennington moved off. Sometime in the fall of 1858 he came to my 
store, where I was selling goods, and asked me if I would take notes 
on other persons for his store accounts. He stated that his son was in 
from either North Carolina or Virginia, and wanted him to go home 
with him ; he further stated that he was going home with his son to 
live there the balance of his days as he was getting old, and wanted 
his children to take care of him. Noue of his children live in this 
county that I know of. Pennington came by my store as he was 
leaving the country, and told me he had sold all of his property and 
was moving, and never expected to come back ; he said he wanted to 
pay all of his just debts, and paid me his account in notes in part, and 
part in money. I saw him in the spring of 1859 as he was coming 
back. I asked why he left North Carolina. He answered that it was 
so cold out there that he could not live ; and that his wife was dissat¬ 
isfied, and he concluded to come back to Kentucky. 

By same. Are you acquainted with one Marion Stephenson, who 
lives in the Mill Springs district of this county ? If so, state all you 
know about said Stephenson moving to Indiana some year or more 
since. 

Answer. I am acquainted with said Stephenson ; he lived near me 
in the year 1857, and went oft, as 1 was informed by his brother, to 
Indiana ; he was then indebted to me in a small account for goods. 
He was absent from the country for some time, and came back 1 think 
in the fall of 1858, and came to my store. He told me that he could 
not do any good in this country, and that he had gone to the State ot 
Indiana to live ; and that he had got in a difficulty out there, and had 
to leave ; and that he had left his clothes and money in Indiana, and 
could not pay his account, and proposed giving his note for it. He 


628 


KENTUCKY CONTESTED ELECTION. 


spoke of wanting to go back to Indiana, but that he could not do so 
until the difficulty he had got into was settled. He has recently left 
the county again. 

By same. Have you or not been a merchant in this county for 
several years past; are you acquainted with the general character of 
J. B. Newell, Reuben Denny, and James M. Hutchison ; is it good or 
bad ? 

Answer. I was a merchant in Wayne county during 1857-’58, and 
part of 1859 ; I am acquainted with the general character of each of 
said gentlemen ; their characters are as good as any men in this 
country. 

By same. Is there but one Samuel Pennington in district No. 6 of 
this county ? 

Answer. There is but one that I know of; I have a large acquaint¬ 
ance in said district. And further saith not. 

RICHARD B. COOPER. 

The further taking of depositions is adjourned until to-morrow 
morning at 8A o'clock, this 9th of February, I860. 

W. M. BURTON, 

P. J. T. M. 

Met pursuant to adjournment, on morning of 10th February, 1860. 

The deposition of Thomas Sowders, taken at the same place, on the 
10th of February, 1860, for like purposes ; the witness, being duly 
sworn, testified as shown below : 

Question by Anderson’s attorney. Are you or not a brother of Mack 
Sowders ? State the circumstance of said Mack Sowders hiring and 
living with you last summer. 

Answer. I am a brother of Mack Sowders ; said Mack hired to 
work for me for two months, and came to my house and commenced 
about one month before the late August election ; he brought his 
clothes, which I suppose was all that he had to bring ; he kept his 
washing at my house ; shortly after he came to my house I asked him 
if he had any other clothes than those he brought with him, and he 
told me that he had no other clothes ; he had no other property than 
his clothes that I know of; I think I should have known it if he had 
have had any other property. 

By same. Alter said Mack came to your house, did he not make 
an arrangement with you to live at your house longer than for the 
two months’ hire; and was it or not agreed that he was to live with 
you as his home for an indefinite time ? 

Answer. After said Mack came to my house, he made an arrange¬ 
ment or agreement to live with me, and make my house his home for 
a longer time than the two months he was hired for ; the agreement 
was, that he was to live with me and we were to take jobs of work in 
co-partnership. 

By same. At the time said Mack was living with you, had he any 
other home than your house ; and was this or not the reason why he 
made the arrangement to live with you ? 


KENTUCKY CONTESTED ELECTION. 


629 


Answer. He had no other home that I know of; where he was hired 
he lived ; he had nothing like a fixed or settled home when he came 
to my house. 

By same. Did not said Mack state before the election, and shortly 
prior thereto, that he would vote for Mr. Anderson if allowed a vote ? 
If so, state what he said about his voting place. 

Answer. Shortly before the election said Mack said he wanted to 
vote for Anderson if allowed a vote ; he stated that he did not know 
whether he would be allowed a vote in this precinct, (No. 1,) and if 
they would not let him vote here that he would have to go to the Fork 
precinct to vote, or not vote at all ; he said he would rather vote here 
than go to the Fork to vote. 

By same. Did or not said Mack leave your house before the term of 
his first hire was out ? State when. 

Answer. Said Mack had not worked quite one month when he left 
my house ; he left on the Sunday before the late election. 

By same. Did he or not leave his clothes at your house when he 
first left ? 

Answer. He left all of his clothes at my house when he left except 
what he had on. 

By same. Where did you then live ? Grive the district. 

Answer. I then and I now live in this district, (No. 1,) some two 
and a half or three miles from Monticello. 

By Chrisman’s agent. Wh\t was your brother’s object in first 
coming to your house ? 

Answer. My brother that was living with me was taken sick, and I 
sent for my brother Mack to come and help me work; he did Dot 
come, however, till the day after my brother died. 

* By same. Where did your brother come from when he came to your 
house ? 

Answer. He came from Mrs. Nancy Adkins’, on the South fork, in 
the district in which he said he voted. 

By same. How long had he lived with Mrs. Nancy Adkins before 
he came to your house ? 

Answer. I don’t know ; he told me that he had worked there the 
summer before. 

By same. Was not your brother Mack partly raised by Mrs. Nancy 
Adkins ? 

Answer. He has worked there, on and off, for some two years, more 
or less ; he lived with me better than three years at one time after his 
mother died ; I lived during that time in districts Nos. 3 and 4 ; he 
has had no settled home since the death of his mother, which was 
some nine years ago. 

By same. Beside the three years he lived with you, where has he 
spent the most of his time since his mother’s death? 

Answer. I cannot tell you, as I have not been with him much ; he 
has worked about from place to place, staying only a few weeks or 
months at a time; he stayed with Benoni Mills about a year at one 
time. 

By same. Has he not always returned to Mrs. Adkins’ when out 
of employment at other places ? 


630 


KENTUCKY CONTESTED ELECTION. 


Answer. Not that I know of; one place generally suited him about 
as well as another. 

By same. Have you ever heard Mack call Mrs. Adkins’ his home ? 

Answer. No more than any other place where he worked; I think 
he always called the place at which he worked his home. 

By same. Where did your brother go to when he left your house ? 

Answer. He went hack to the South Fork ; I don’t know whose 
house he went to. 

By same. You say that you and your brother were to work together, 
and take in jobs. What sort of jobs. 

Answer. Any kind of jobs that we could get. 

By same. Did you ever take in any jobs together? 

Answer. I don’t know that we ever did in particular ; not under 
that contract. 

By same. What is your trade or occupation? 

Answer. I have several; sometimes I plough, sometimes I make 
rails, shingles, and work on houses. 

By same. What clothes did your brother bring with him to your 
house ? 

Answer. He brought a shirt or two, one or two pair of pants, a 
coat, and perhaps a couple of waistcoats ; I don’t remember exactly 
what clothes he had. 

By same. What clothes did he leave at your house when he left? 

Answer. He left his coat, and a waistcoat, and a pair of pants, and 
an old shirt, and a gun he had bought of me. 

By same. Did he leave your house in his shirt sleeves? 

Answer. He had on a vest, hut no coat. 

By same. Are those clothes at your house yet? 

Answer. They are not. 

By same. Who took them away ? 

Answer. He took them himself. 

By same. When? 

Answer. Since the election. 

By same. Did you not say a while ago, when I asked you where 
he had lived since he left your house, that he had not been at your 
house, and that you had not seen him since the election ? 

Answer. I did not; I said that I had not seen him but once since 
the election. 

By same. When you saw him that time did you not ask him where 
he was living ? 

Answer. I don’t know that I did ; I might, hut I have no recol¬ 
lection of doing so. 

By same. How long was it after the election before he came for his 
clothes ? 

Answer. It was some four or five or six weeks ; perhaps longer, or 
perhaps not so long. 

By same. If he brought all his clothes to your house when he came, 
and only had two shirts and vests, one of which he left at your house, 
is it not likely that he would be pretty dirty at the end of four or five 
or six weeks, especially if he had worn no coat in the time ? 

Answer. He was. 


KENTUCKY CONTESTED ELECTION. 


631 


By same. Did he have on any coat when he returned. 

Answer. He did not. 

By same. Did he have on the same vest and pants that he wore off? 

Answer. The same ones. 

By same. Did his shirt look like he had worn it all the time? 

Answer. It looked like it might have been worn all the time, to 
look at it. 

By same. When he returned did you ask him why he had not came 
back and served out the time for which you had employed him ? 

Answer. I did. 

By same. What was his reason for not coming back? 

Answer. He said that he had been knocking about. 

By same. Did you not try to get him to remain with you and work ? 

Answer. I did not insist on it, but he told me that he owed a little 
debt on the Fork, and that he would go over there and work and pay 
the debt, and then return, but he did not do it. 

By same. Who did he say he would work for ? 

Answer. I don't recollect now. 

By same. You say that Mack said he did not know whether he was 
entitled to a vote here or not. Did he say what constituted a good 
vote ? 

Answer. He did not; I don’t suppose he knew much about it, any 
way. 

By same. Did he try to vote here ? 

Answer. He did not. 

By same. When Mack first came to your house did he not talk like 
he would vote for Chrisman ? 

Answer. He said all the time that he would not vote for him, and 
he swore when he left my house Sunday morning that he would not 
vote for him. 

By same. Are you acquainted with the general character of your 
brother Mack ? 

Answer. I am, pretty much. 

By same. From your knowledge of his general character, would 
you believe him on oath? 

Answer. I would. 

By same. Did you not want him to vote for Anderson for Congress? 

Answer. I did. 

By same. Where did you want him to vote? 

Answer. I wanted him to vote here. 

By same. Did you not know that he had not been in this district 
long enough to entitle him to a vote? 

Answer. I did not know how many days he had to be in the dis¬ 
trict before he was allowed a vote, and don’t now. 

By same. When he said that he did not know whether he would be 
allowed a vote at this place, were you not trying to get him to vote 
here, and for Anderson ? 

Answer. I was. 

By same. Have you heard Benoni Mills, or his son John, say, 
since the election, how old his (Mills’) son John was at the time ot 

the election ? . , 

Answer. I heard John Mills say last night that some one had asked 


632 


KENTUCKY CONTESTED ELECTION. 


him how old he was at the election, and he said he was 21, and if 
they didn’t believe it, they could look at the Bible and see. 

By Anderson’s attorney. Did or not Mack live with his mother 
until she died ? 

Answer. He did. 

By same. Is or not Mack very weak-minded and inexperienced ? 

Answer. Pretty much so ; has scarcely any experience. 

And further saith not. 

THOMAS x SOWDERS. 

mark. 

Also the deposition of William Dobbs, taken at same time and 
place, he having been duly sworn : 

Question by Anderson’s attorney. Are you or not acquainted with 
Andrew alias Andy Hill, who lives in the Parmleysville district of this 
county, son of Katy Hill, alias Catharine Winchester? 

Answer. I have known him merely by seeing him for a good while. 

By same. State what you know in reference to his age ? 

Answer. Andrew Hill came to my house in July last; I wanted to 
hire him to work, and asked him his age, as he looked small; he 
answered me, as I now recollect, that he was eighteen years of age, 
(18 ;) his two younger brothers were with him, and I thought them 
small for plough boys; I had talked to Katy Hill or Winchester be¬ 
fore the boys came to my house, and she stated that the boys were all 
under her, and that if I hired any of them she must have half of the 
pay, and the other half must go to the benefit of the boys to buy 
clothes, &c. I am not sure that it was Andrew who answered my 
question about his age ; hut if not him, it was answered for him by 
one of the others in his presence. 

[J. S. Cnrisman, by his agent, excepts to so much of this answer 
as gives the statements of Katy Hill or Winchester.] 

By same. Does or not said Hill look quite boyish, and is he not 
small and not grown ? 

Answer. He has every appearance of a boy, and does not look like 
a grown man ; he is small, or was last July. 

By same. Are you acquainted with one James Davis, who voted in 
the 7th district ol this county ? 

Answer. I am, and have been for several years. 

By same. State whether or not you had a conversation with said 
Davis on the day of the election at the voting place of said precinct, 
or some other place, last summer ; if so, state what he said as to his 
right to vote there? 

Answer. On Saturday before the election I had a conversation with 
said Davis at Washington Troxill’s, in this county ; I took him out 
to talk to him about the election ; I wanted him to vote for Mr. 
Anderson if he was a good voter ; he told me he had been moving 
about from district to district, and that he did not expect that he was 
entitled to a vote. 

By same. Do you know whether or not said Davis lived in the 
Parmleysville district during last summer? 

Answer. 1 only know from rumor. 


KENTUCKY CONTESTED ELECTION. 


633 


By same Are you acquainted with Katy Hill, alias Catharine 
Winchester ; if so, do you know her general moral character ; is it 
good or bad ? 

Answer. I know her ; she has been living in my neighborhood for 
some time, I suppose about three miles and a half from me; her gen¬ 
eral moral character is bad. 

By same. From your acquaintance with her general character, is 
she entitled to credit on oath ; would you believe her, or give her full 
credit ? 

Answer. From my acquaintance with her general character, I could 
not believe her on oath about any matter that I did not know myself 
to be as she should state it. 

By same. Has or not James Davis, of whom you have spoken, the 
general character of being an unreliable man, and one who can be 
bribed and bought in elections ? 

Answer. I think that such is pretty much the general rumor about 
him. 

By same. Are you acquainted with Timothy Blevins, father of 
Shadrack Blevins ; if so, what is his general character ? 

Answer. I know said Blevins, and have known him since my boy¬ 
hood ; his character is good in every particular, so far as I ever 
heard. 

By same. Has Andrew Hill any beard? From his appearance, how 
old would you have taken him to be last summer ? 

Answer. My recollection is, he has little or no beard ; his ap¬ 
pearance indicated an age of 15 or 16 years last summer. 

By same. Is his name recorded at the last election for Congress ; 
where and for whom ? 

Answer. I find his name recorded on the poll book of district No. 
4 of this county for the last election for James S. Chrisman for Con¬ 
gress. 

By Chrisman. Have you ever heard Mrs. Hill testify on oath, or 
have you ever heard any one say that she was not entitled to credit 
on oath? 

Answer. I don’t know that I ever heard her testify on oath, but I 
have heard divers persons say that they would not believe her on 
oath. t 

By same. Have you ever heard any one, save Mr. Anderson’s 
political friends, say that they would not believe her on oath ? 

Answer. I don’t know that I have; nor do I know that all the 
persons whom I have heard speak thus were his political friends. 

By same. Have you ever heard any one say t-bat she was not to be 
believed on oath before she testified in this case ? 

Answer. I don’t know that I ever heard any one speak of her oatli 
till this case came up ; but I have always heard it said, among those 
who knew her, that she was not to be believed any way. 

By same. Who did you ever hear say that James Davis could be 
bought in an election ? 

Answer. It has always been rumored that he would sell; my recol¬ 
lection is, that I heard James Warden, Huts Burk, and some of my 


634 


KENTUCKY CONTESTED ELECTION. 


brothers, say that they viewed him as a trading man ; this was on 
the election day. 

By same. Are not all of these men political friends of Mr. Ander¬ 
son, and some of them personal enemies of Mr. Chrisman ; and did 
you not hear them make these remarks after Davis had voted ? 

Answer. They all voted for Mr. Anderson, and I have heard one 
of them speak hard of Mr. Chrisman ; I don’t know that I heard 
them speak of him (Davis) after he voted. 

By same. Are you acquainted with the general character of Calvin 
Bell ; if so, state what it is ; and from your knowledge of his charac¬ 
ter, would you credit him on oath ? 

Answer. I have been acquainted with Calvin Bell for sometime, 
and from what I have heard, I think his character is quite good, and I 
would believe him on oath. 

By same. Are you interested in the result of this contest between 
Chrisman and Anderson ? 

Answer. Not pecuniarily. I voted for Anderson, however. 

By Mr. Anderson’s attorney. Were or not all the persons you men¬ 
tion who spoke of James Davis raised out in the neighborhood of 
where said Davis did or does live, except Mr. Warden? 

Answer. They were, except Mr. Warden. He has frequently been 
there, and I think is well acquainted with the people out there. 

By same. This reputation you speak of was not confined to the per¬ 
sons mentioned, was it? 

Answer. Said Davis’ reputation, as I have mentioned, it was gen¬ 
eral, and not confined to the persons designated. 

WILLIAM DOBBS. 

The further taking of depositions is adjourned until to-morrow morn¬ 
ing at 9 o’clock, February 10, 1860. 

W. M. BURTON, P. J. T. M. 

Met pursuant to adjournment February 11, 1860. 

The deposition of Jesse Wright, taken at same place on 11th Feb¬ 
ruary, 1860, he having been first duly sworn : 

Question by Mr. Anderson’s attorney. State where you lesided and 
lived for sixty days before the last August election ; state where you 
voted and for whom for Congress. 

Answer. I voted in Russell county, at the Wolf Creek precinct. I 
voted the opposition ticket clear through, and for Mr. Anderson for 
Congress. I lived in said precinct at the time of the election, and had 
lived there sixty days before the May election. I voted at that pre¬ 
cinct at the May election ; I worked and lived during the whole sum¬ 
mer in said precinct; don’t think I worked more than two miles from 
the voting place until after the last August election. I worked part 
of the summer at Wilson’s, whose house is the voting place of said 
precinct. 

By same. What time did you move to said precinct? Did you or 
not make any engagements and work out of the precinct during the 


KENTUCKY CONTESTED ELECTION. 


635 


sixty days before the late election, unless it was a mere engagement to 
work by the day ? 

Answer. I think it was sometime in February, 1859, that I moved 
to that precinct. I moved from Punchean Camp bottom, in the same 
county, when I moved to Wolf Creek precinct. I had lived in that 
county for some five years. I did but two days’ work out of the dis¬ 
trict for sixty days before the last election that I recollect of I went 
on a visit to my son’s, who lived in Creelsburg, in same county, and 
on my return home stopped with my nephew, whose crop was in the 
weeds, and I helped him for two days. I lived in the district where 
I voted from the time I moved there in February until after the 
election. 1 had my washing done in it, and had ail my property in 
that district during the whole time, except the clothes I wore when 
away on a visit or visits. 

By same. Were you in Wayne county during the summer? If so, 
state what brought you, and how long you stayed. 

Answer. I did come to Wayne county during the summer on a visit 
to my son and son-in-law. I don’t remember how long I stayed ; it 
might have been as long as two weeks. 

By same. State how long you have live l in Kentucky ? 

Answer. 1 have lived in this State about thirty years. 

By Mr. Chrisman. Are you a man of family, or were you at the 
time of the late election ? 

Answer. I am not a married man, nor was I at the time of election. 
My daughter lived with me awhile in Russell county, but 1 brought 
her to this county when I came, and left her here. I then kept bach¬ 
elor’s hall. My reason for leaving her here was, that I had to work 
out from home so much. 

By same. When here did you make any arrangement with your 
son or son-in-law to live with them, or either of them? 

Answer. I made a sort of a contract with my son-in-law to move up 
here and live with him. I was to come, however, about a month after 
the election, which I did. 

By same. When you came to this county before the election, did you 
bring anything with you ? 

Answer. No, sir; nothing but the clothing I had on. 

By same. What did you leave in Russell ? 

Answer. My bed and bed-clothes, and all my wearing apparel, ex¬ 
cept what I had on. 

By same. Who cooked and washed for you while in Russell ? 

Answer. I cooked myself when at home, and one of the Miss Harts 
washed for me. 

By same. When you left Russell county and came to Wayne before 
the election, did you not come with the intention of making your son’s 
or son-in-law’s your home? 

Answer. I came here merely on a visit, but with the intention of 
making arrangements to move over after the election. 

By same. When did you first conclude to make this county your 
home ? 

Answer. Not till after the election. 

By same. Did you not tell Andrew Spann, before the election, that 
you lived in Wayne? 


636 


KENTUCKY CONTESTED ELECTION. 


Answer. No sir. I have no recollection of seeing Andrew Spann 
before the election. I think I met him as I was coming to this county, 
about three weeks after the electton, about a mile from old man Pop- 
plewell’s, in this county. I don’t recollect what was said between us. 

By same. Did you ever tell any one, either in this county or Russell, 
before the election, that you lived in this county ? 

Answer. I did not. 

By same. When you came to this county before the election, would 
you not have made this place your home had you not been persuaded 
by Mr. Anderson’s friends to go back to Russell and vote, as you 
would not be allowed to vote here ? 

Answer. No sir. I was persuaded by no man. I am a man of my 
own head. 

By same. How long has your son Riley lived in this State ? 

Answer. About two or three years; I am not certain which. He 
was born and raised in this State, but went off to Texas and lived 
awhile. He owns no land in the west that I know of. He lived in 
Texas something near two years, I think. 

By Anderson’s attorney. Has or not your son Riley lived in Ken¬ 
tucky more than two years since he came back from Texas? 

Answer. I expect he has lived in Kentucky more than two years 
since his return from Texas. 

By same. How long has he lived in Wayne county since his 
return ? 

Answer. He has lived in Wayne county ever since his return, ex¬ 
cept, I think, he worked about one month in Russell county. His 
washing, however, was then done in Wayne. 

By same. How long had he lived in this district (No. 1) before 
the last election ? 

Answer. He has been in this district all the time, except when he 
was in Russell, as I have stated. 

And further saith not. 

his 

JESSE + WRIGHT. 

mark. 

The deposition of J. Garrison Davidson, taken at the same time 
and place, by agreement of parties, so far as notice is concerned, J. S. 
Chrism an not waiving the objection that the time allowed by law has 
expired. 

J. S. CHRISMAN, by Agent . 

W. C. ANDERSON. 

Question by Anderson’s attorney. Are you acquainted with Henry 
Franklin, son of John Franklin, deceased? If so, is he related to 
you? State all you know about said Franklin running on the river 
some year or more since. Where was his home then, and did he leave 
with the intention of making his home elsewhere than in Wayne 
county ? 

Answer. I am acquainted with said Henry Franklin. He told me 
he voted in this district (No. 1) at the last election. He is my 
brother-in-law. He now lives, and has lived for the last twelve 


KENTUCKY CONTESTED ELECTION. 


637 


months, on the headwaters of Horman’s creek, in this district, in 
Wayne county. He left here in March, 1858, as I now recollect, to 
run on a steamboat as a hand, (on Cumberland river.) When he left 
he stated he was going to run awhile on the river, i. e. as long as 
boats run between Nashville, Tennessee, and this place, and he would 
then return back home. He then lived with his father, at the place 
before mentioned. The boating season on said river, up this high, 
continues generally to about the first of May. He wrote his brother, 
I think, in June after he left, at least I saw the letter in June. He said 
in the letter that he had stuck a nail in his foot, which crippled him 
so he could hardly walk. He also said, if his foot got well in time, 
he would be at home against the then August election. This letter 
is not in my possession. He also wrote a letter to me, which I got 
sometime in September or October of same year, [J. S. Chrisman ex¬ 
cepts to proving the contents of this last mentioned letter, as it appears 
it is in the power of the witness, which exception is sustained,] and it 
is now in my possession, but the letter is not with me. Said Frank¬ 
lin came home on the day of the December county court, 1858, of this 
county. He looked like he had been and was then sick, and contin¬ 
ues so. Said Franklin did not, I think, leave here with the intention 
of making his home elsewhere than at his father’s. He left part of 
his clothes at his father’s. 

By same. Is he or not poor, and was he or not in a habit of work¬ 
ing about to earn money ? 

Answer. He was poor, and did work about from place to place for 
money. 

By same. Did he or not always claim his father’s as his home, and 
return there when out of jobs of work ? 

Answer. He always claimed his father’s as his home, and would 
regularly return there when out of work. 

By same. Did he or not stay at his father’s a good deal, and work 
there. 

Answer. He did stay a good deal at his father’s, and worked some 
there, but not very much. 

By same. With the exception of the time he was gone on the river 
trip, did he or not for several years past work in this district? 

Answer. He did. He was never out of it to my knowledge, unless 
he may have gone with a hog drove 

By same. Where did he live after he came back from the river trip ? 

Answer. He has lived at his father’s ever since. He may have 
worked a few days about town. 

By Chrisman. Do you know where the said I ranklin was, and 
what he was engaged at, from the time the boats stopped running on 
this river till he returned to this county in December, 1858? It so, 
state it. 

Answer. I know nothing beside what he told me ; he said he was 
in Nashville sick. 

By same. Did the said Franklin ever send home for money while 
sick in Nashville ? 

Answer. He did not; he said he had plenty. 

By same. What wages did Franklin receive while serving as a hand 
on the boat ? 


638 


KENTUCKY CONTESTED ELECTION. 


Answer. I can’t tell. 

By same. Did he have any money when he left home? 

Answer. I don’t know ; if any, not much. 

By same. How many months did he serve as a hand on the boat? 

Answer. I can’t tell you. 

By same. Was he on any other boat beside those that run from 
Nashville up the Cumberland river? 

Answer. I don’t know. 

By same. At what time was he taken sick ? 

Answer. I don’t know. 

J. G. DAVIDSON. 

Also the deposition of B. E. Roberts, taken at the same time and 
place, he having been duly sworn: 

Question by Mr. Anderson’s attorney. Please examine the copy of 
the naturalization record of Henry S. Martin, and state if you have 
compared it with the record of the Wayne county court; if so, is it a 
correct copy ? 

Answer. I have examined said copy which is herewith filed as part 
of my deposition, signed at the bottom with my name for identifica¬ 
tion, and I have compared it with the record of the Wayne county 
court, and find the copy correct. The copy of the declaration of in¬ 
tention of said Martin made in the Wayne circuit court I have also 
compared, and find it correct. 

By same. Does or not the declaration of intention of said Martin 
as it is recorded in the records of the Wayne circuit court appear to 
have been made at the October term, 1857, of said court ? 

Answer. It does. 

By same. Was or not the judgment of naturalization of said Martin, 
made at the July term, 1859, of the Wayne county court, and with 
less time than two years after the filing of the said declaration ? 

Answer. The judgment of naturalization was entered at the July 
term, 1859, of the Wayne county court, and was within less time than 
two years after the filing of the declaration. 

By same. Did said Martin vote at the late election ; if so, where 
and for whom for Congress ? 

Answer. I find the name of Henry Martin recorded for J. S. Chris- 
man for Congress at the last election on poll-book, district No. 1, of 
this county. 

By same. Do you know G. W. St. John, brother-in-law of Ezekiel 
Smith ? 

Answer. I know George W. St. John, said to be Smith’s brother- 
in-law, and is so regarded. 

By same. Were you or not tax commissioner of this county for the 
year 1859 ; it so, did you apply to said St. John for a list of his tithe- 
ables ; and what did he state in reference to the matter ? 

Answer. I was tax commissioner of this county for that year. I 
applied to said St. John in that year for a list of his titheables. He 
was then about starting south. He said to me that he did not think 
he ought to give a list here. I asked him why not, and he answered 
me that he aid not consider this his home. He said something about 


KENTUCKY CONTESTED ELECTION. 


639 


having property in Virgina, and said he was a trader. I don't remem¬ 
ber certainly were he said his home was, but it is my best impression, 
that he said his home was in Virginia. 

By same. What time of year was this ? 

Answer. I think it was early in the spring 1859. 

By same. Do you know one C. F. Kidd, who went to California a 
year or two since ; it so, did he give his list of taxables for the year 
1859; or did he refuse to do so, and on what grounds? 

Answer. I know said Kidd; I called on him for his tax-list in the 
year 1859, soon after his return from California. He did not exactly 
refuse to give his list, but said while he was gone to California his 
wile had moved his plunder over to Tennessee—this is my impression— 
and he did not exactly know whether to consider this county or Ten¬ 
nessee his home at that time. He said he would see me again before 
I returned my book and let me know. When I had this conversation 
with him, I had met him in the southern part of this county, a few 
miles from the place he lived when he went to California. He was 
riding on a horse with gears on, and carrying a plough. He stated 
that he was going to the farm where he lived before going to Cali¬ 
fornia to sow oats. He also said something about selling out his farm; 
my present impression is, he said if he sold that he would make his 
home in Tennessee. 

By same. Did or not said Kidd ever come to yon afterwards to give 
his list? 

Answer. He never did. 

By same. Was or not his name reported to the Wayne county court 
by the sheriff as subject to taxation, and omitted by you as commis¬ 
sioner ; and did not said court decide that you were not liable to the 
penalty fixed by law for a failure to list him as a tax payer ? 

Answer. His name was so reported, and the county court released 
me of the penalty for such failure by my stating tne facts heretofore 
stated. 

By same. Are you or not a warm personal and political friend of J. 
S. Chrisman ? 

Answer. I am a warm personal and political friend of Major Chris¬ 
man, and was at the time of the election. 

By same. Did said St. John and Kidd vote at the late election ; 
and where were they given, and for whom recorded for Congress ? 

Answer. Their names are both recorded upon the poll-books of last 
election for J. S. Chrisman for Congress ; St. John’s at precinct No. 
1, and Kidd’s at No. 3, of this county. 

By same. Do you know of but one man each of the names aforesaid in 
this county ; and do you or not know every voter in this county ?• 

Answer. I know of but one St. John in this county, and but one 
C. F. Kidd ; I have a large acquaintance in this county ; I know but 
one Kidd in district No. 3 of this county, and that is C. F. Kidd. 

By same. Do you know Joseph B Newell ; if so, does he or not 
sustain a very lair reputation, as much so as the governor of this 
State ? 

Answtr. My acquaintance with him is limited ; so far as I know, 
his reputation for morals and citizenship is equal to that of the gov¬ 
ernor of this State ; but 1 don’t like his politics as well. 


610 


KENTUCKY CONTESTED ELECTION. 


By same. Are you acquainted with, and do you know the general 
character of Timothy Blevins and J. M. Hutchison ; what is it? 

Answer. I know them, but don’t know much about their characters j 
never heard anything said against them. 

By Chrisman. In the conversation with Kidd, above mentioned, 
did he say anything about moving to California ? 

Answer. He did not, that I recollect of. 

By same. Are you acquainted with the general character of Calvin 
Bell and J. J. Shepperd ; if so, is it good or bad ? 

Answer. Their general reputation, so far as I know, is good ; I 
have known them both for some time, and I have never heard any¬ 
thing said against them. 

By same. From your knowledge of their general character, would 
you or not believe them on oath ? 

Answer. I would. 

By same. State what J. J. Shepperd said to you in reference to his 
residence at the time he listed with you for taxation in the spring of 
1859? 

Answer. He said that he considered district No. 1, of Wayne county, 
his home. 

By same. What was J. J. Shepperd following ; and where was he 
when he listed with you? 

Answer. I saw him at Blevins’, in this county ; he was then staying 
with Ambrose Spradlin, in this county, and was out on the hunt of 
some of his hogs which had strayed off. 

By Anderson. How long have you lived in Monticello ; has J. J. 
Shepperd actually lived in and been an inhabitant of this district since 
the tall of 1858 ? 

Answer. 1 have lived in Monticello since about the first of May, 
1857. 

I can’t say that he has ; I have seen him here occasionally since 
that time ; my best impression is, that he has not been much about 
here since he took his hogs out to the range, which, I think, was in 
the fall or winter of 1858. 

By same. Have you known him to stay in this town as much as 
three nights since the time you mention ? 

Answer. I think he was here some days when he brought his hogs 
in ; I don’t know where he slept of nights. 

B. E. ROBERTS. 

The further taking of depositions is adjourned until Monday morn¬ 
ing, February 13, 1860, at 9 o’clock, this the 11th of February, 1860. 

W. M. BURTON, F. J. T. M. 

Met pursuant to adjournment on Monday, February 13, 1860. 

Wayne County Court, July Term , 1859. 

Proceedings had before honorable Gr. W. Mills, presiding judge of 
the Wayne county court, at the court-house, in the town of Monticello, 
Kentucky, on Monday, the 25th day of July, 1859. 


KENTUCKY CONTESTED ELECTION. 


641 


Henry S. Martin this day produced a copy of declaration of inten¬ 
tion to become a citizen of the United States, in words and figures 
following: 

Wayne Circuit Court, Kentucky, 

October Term, 1857. 

Be it remembered that Henry S. Martin, late of England, in the 
dominions of Victoria, Queen of Great Britain, this day came into 
court, and on his corporal oath before said court declared that it is his 
bona fide intention to become a citizen of the United States of America, 
and to renounce forever, and he dotli renounce forever, all allegiance 
and fidelity to any and every foreign prince, potentate, or sovereignty 
whatever, and particularly to Victoria, Queen of Great Britain, to 
whom he was heretofore subject. 

Sworn and subscribed to by the said Henry S. Martin this 17th day 
of October, 1857. 

HENRY S. MARTIN. 


State of Kentucky, Wayne Circuit Court: 

I, William Simpson, clerk of said court, do certify that the forego¬ 
ing contains a true and complete transcript of the records of said court 
in the case therein mentioned. 

Given under my hand and official seal this 17th day of October, 
[l. s.] 1857. 

W. SIMPSON, Clerk. 

And satisfactory evidence being given to the court that said Henry 
S. Martin has resided in the United States for more than five years r 
and that during that time he has behaved as a man of good moral 
character, attached to the principles of the Constitution of the United 
States, and well disposed to the good order and happiness of the same: 
and thereupon the said Henry S. Martin declared upon oath that he 
will support the Constitution of the United States, and that he doth 
absolutely and entirely renounce and abjure all allegiance and fidelity 
to every foreign prince, potentate, state, and sovereignty whatever, 
and particularly Victoria, Queen of Great Britain, whereof he was a 
citizen and subject: 

Wherefore it is now adjudged by the court that the said Henry S. 
Martin be, and he is now declared to be, a citizen of the United States, 
and entitled to all the rights, privileges, and immunities of a citizen, 
which is ordered to be certified. 


State of Kentucky, Wayne County Court: 


I, William Simpson, clerk of the county court for the county afore¬ 
said, do certify that the above and foregoing is a true and complete 
copy of the record of said court in the case therein mentioned. 

Witness my hand, as clerk of said court, this 10th day of February, 
1860. 


WM. SIMPSON, Clerk , 
By JAS. M. SAUFLEY, 


Deputy Clerk . 


H. Mis. Doc. 11-41 


642 


KENTUCKY CONTESTED ELECTION. 


Also the deposition of Nathaniel Hill, taken at the same place, for 
the same purpose, on the 13th of February, 1860, he being first duly 
sworn: 

Question by Mr. Anderson’s attorney. Are you or not acquainted 
with C. F. Kidd, who went from this county to California a year or so 
since? 

Answer. I am ; have been for some years past. 

By same. Did you or not hear a letter read purporting to have been 
written by said Kidd to his wife or brother-in-law while in California ? 
State when this was, and state what was said in the letter; state who 
read the letter and where it was read, and state whether the letter is 
in your possession or control. 

Answer. Said Kidd and Washington Upchurch were selling goods 
together before Kidd left for California ; I was in the habit of dealing 
with them, and after Kidd left I would inquire of Upchurch if Kidd 
had written to him ; upon one occasion Upchurch informed me he had 
got a letter from Kidd; Upchurch read the letter to me ; in it Kidd 
said to Upchurch that he need not consider him (Kidd) any longer a 
partner in the store ; I don’t know that he gave any reason ; this letter 
I have not in my possession or control. 

[J. S. Chrisman, by agent, excepted to this and the following 
answer as being incompetent. The exception was overruled.] 

By same. State if you heard read any other letter from said Kidd 
while in California, and to whom was it written, and by whom read to 
you ; state what was read to you. 

Answer. There was a letter which came from said Kidd while in 
California to Kidd’s wife ; his brother-in-law read it to me ; he stated 
in the letter for his wife to sell out everything, and, if she would be 
better satisfied, to move to his (Kidd’s) father’s, in Tennessee, and 
live thereuntil the water should rise, and he would then send after her 
to take her to California ; this letter is not in my control or possession, 
or under my control. 

By same. State what said Kidd stated to his brother-in-law, James 
Evans, about the land which they had bought. 

Answer. He stated in a letter to his brother-in-law, James Evans, 
that he (Evans) need not consider him any longer a partner in the 
land which they had bought in partnership, and for him (Evans) to 
sell it and do the best he could with it; he said nothing about coming 
back to Kentucky ; this was while Kidd was in California ; this letter 
was read to me by James Evans, and is not under my control. 

By same. Did or not the wife of said Kidd make a sale of his 
property, and did she or not move off to Tennessee in the fall of 1858 ; 
and did she or not leave any effects behind known to you ? 

Answer. She sold his property, at least I saw the only cow which 
did belong to him being driven off; I understood she sold everything, 
but of my own knowledge I only know about the cow ; she moved off 
to Tennessee, as I understood ; 1 was at the house where she did live, 
and she was gone, and nothing was left in it. 

By same. How far did you live from the place she left? State when 
she left, and state when you again saw her living in this county. 


KENTUCKY CONTESTED ELECTION. 


G43 


Answer. I lived within about two miles of the place she left; I 
cannot say exactly what time she left; it was sometime in the fall or 
winter ot 1858. The next time I saw her living in this county was 
sometime last spring ; it may have been the last of February or first 
of March that they moved back. Kidd came over and made a crop in 
this county. 

By same. State whether or not you have been at the house of W. J. 
Grear since the election ; if so, did or not said Grear show you the 
State line between Kentucky and Tennessee, and on which side of 
said line does said Grear live? 

Answer. I have been at the house of said Grear since the election ; 
there is freshly marked timber on both sides of his house ; said Grear 
showed me the State line between Kentucky and Tennessee, as it had 
been recently run; I sighted from the marked trees I have mentioned, 
and on the line he pointed out to me as the State line, the house is on 
the south side of the line, and in Tennessee. The line would include 
a portion or perhaps all of his chimney, but the balance of the house 
is on the south side of the line. 

^ By same. Did or not said Grear tell you he voted in Clinton county, 
Kentucky, for J. S. Chrisman for Congress at the late election? 

Answer. He did so state. 

By same. At what precinct in Clinton county ? 

Answer. He said in Haye’s precinct. 

By same. Did or not said Grear state the line had been run since the 
election ? 

Answer. I don’t know that he did. 

By Chrisman’s agent. Do you know that either of the letters 
above spoken of were written by said Kidd ? 

Answer. I do not. 

By same. Do you know that Kidd’s name was signed to either of 
the letters? 

Answer. I do not. 

By same. When was it that you heard these letters read ? 

Answer. It was this winter a year ago ; I don’t know what month ; 
I heard these letters read on different occasions. 

By same. How did it happen that they read Kidd’s letters to you? 

Answer. I inquired of them if they had got any letters from Kidd, 
and they said they had ; I remarked that I would like to hear them 
read, and they read them to me. 

By same. Did you hear all of Kidd’s letters read ? 

Answer. I expect not; I heard of them getting several letters that 
I don’t think I heard read. 

By same. Who has possession of those letters at this time? 

Answer. I don’t know. 

By same. Did you make any effort to get them and bring them 
here to-day ? 

Answer. I did not. 

By same. Was not the old State line between Kentucky and Ten¬ 
nessee formerly believed to run on the south side of said Grear’s resi¬ 
dence ? 

Answer. I don’t know where the old line run. 


644 


KENTUCKY CONTESTED ELECTION. 


By same. How did Mr. Anderson or his friends know that you 
knew anything about the letters Kidd had written home ? 

Answer. I reckon I told some of them. 

By same. For whom did you vote in the race for Congress at the 
last August election ? 

Answer. For W. C. Anderson. 

By same. Were you not a warm political friend of Mr. Anderson, 
and did you not do all you could to elect him ? 

Answer. I was a warm friend of Mr. Anderson, and did all I fairly 
could to elect him. 

And further saith not. 

bis 

NATHANIEL + HILL. 

mark. 


Also the deposition of Robert M. Tate, taken at same time and 
place, for same purpose, he being first duly sworn : 

Question by Mr. Anderson's attorney. Were you or not one of the 
judges of the last August election, held at district No. 6, of Wayne 
county ? 

Answer. I was one of the judges of said election at said district ; 
S. Hinds and myself were the judges. 

By same. Do you or not remember the circumstances attending the 
recording of the vote of Wm. Weaver at said election? If so, state 
all about it. 

Answer. The votes were generally given in by ticket. William 
Weaver handed in a ticket to the sheriff, who cried his vote ; the 
sheriff did not cry Chrisman’s name at the time he handed in his 
ticket; after three votes bad been cast, as I now recollect, it may have 
been but two votes, which were recorded, upon a contention among 
the officers of the election the judges concluded to let his vote be re¬ 
corded for Chrisman ; when his vote was first recorded, at the time it 
was cried, Chrisman's name was not called as voted for, nor was 
Weaver recorded as voting for Chrisman. The voting was done 
through a window, and Weaver had not left the window until the 
contention arose and the poll-book was amended by putting him down 
for Chrisman. The first contention arose between the sheriff and 
said Weaver; Weaver claimed that he had voted for Chrisman, and 
the sheriff (who was a friend of Chrisman's) contended that he had not 
voted for Chrisman. Weaver said he had rather lose all his other 
votes than miss his vote for Chrisman. I did not read the ticket 
which Weaver gave the sheriff, and I don't know whether Chrisman's 
name was on it or not. I know Weaver first asked whether his name 
was put down for Chrisman, which led to the contention and recording 
his vote for Chrisman. After the difficulty had subsided, the sheriff 
said that Chrisman's vote was on the ticket which Weaver had handed 
in. At first he contended he had cried all the names on the ticket. 

By Mr. Chrisman. Is not William Weaver a man that cannot be 
influenced in an election ? 

Answer. I don't suppose he could. 


KENTUCKY CONTESTED ELECTION. 


645 


By same. For whom did you vote in the race for Congress at the 
late election ? 

Answer. For W. C. Anderson. 

R. M. TATE. 

Also the deposition of T. C. Brown, taken at same time and place, 
having been first sworn : 

Question by Mr. W. C. Anderson's attorney. Were you or not 
clerk of the late election held at Mill Spring (No. 6 district) of this 
county ? if so, state all you know about the recording of the vote of 
Wm. Weaver, cast at said precinct at the August election. 

Answer. I was clerk of the late August election at said precinct; 
Wm. Weaver came to the polls to vote ; the sheriff cried his vote, and 
it was recorded as cried ; the name of J. S. Chrisman was not cried 
when Weaver first gave in his vote, and consequently his vote was not 
recorded for Chrisman ; after two votes were given and recorded, and 
perhaps a third one was being recorded, Weaver asked if his vote was 
put down for Chrisman, and was told it was not; he then contended 
that he did vote for Chrisman, and the sheriff said he did not; and 
after some contention between the officers, it was concluded to record 
Weaver's vote for Chrisman ; I contended that it was an illegal pro¬ 
ceeding, but the judges overruled me, and I recorded his vote as afore¬ 
said for Chrisman ; I am not positive whether Weaver or the sheriff 
cried Weaver’s vote in the first place ; it is, however, the custom of 
the sheriffs to cry the votes ; the sheriff contended that he was not to 
blame for the omission of Chrisman*s name when Weaver first voted ; 
I don’t know whether Weaver had left the polls before the poll-book 
was amended or not. 

By same. Are you not acquainted with George Payne, who voted 
at said precinct for Chrisman at the late election ; if so, is he or not 
a fool ? 

Answer. I know said George Payne who voted, as I now recollect, 
at said precinct in the late election for Chrisman ; said Payne has no 
sense. 

By same. Can’t said Payne be voted for a plug of tobacco or a pair 
of shoes ? 

Answer. He can be voted for a small bribe ; he once told me, in 
answer to my question as to whom he voted for, that he voted for the 
biggest pair of boots or shoes, I don’t remember which, that was ever 
seen at Mill Springs. 

By same. Are you or not acquainted with J. M. Hutchison, Rich¬ 
ard B. Cooper, Joseph B. Newell, and Reuben Denny ; if so, do you 
know their general characters ; are they good or bad ? 

Answer. I know them all ; I also am acquainted with their general 
character ; their characters are good ; Joseph Newell’s character is 
very high—none better. 

By same. Did you or not seal up the poll-book of said precinct at 
the close of the election and deliver the same to the sheriff? 

Answer. I did ; the whole of the poll-book is in my handwriting, 
the last page is also in my handwriting, and was recorded during the 
proper hours ; I mean all the names of voters and record of votes are 
in my handwriting. 


646 


KENTUCKY CONTESTED ELECTION. 


By Mr. Chrisman’s agent. Is not William Weaver a firm, staunch 
man, and a man that cannot be influenced in his voting ? 

Answer. I can’t say ; I don’t know much about the man. 

T. 0. BROWN. 

Also the deposition of Henry Franklin, taken at the same time and 
place, be having been first duly sworn : 

By Mr. Anderson’s attorney. Are you or not the same Henry 
Franklin whose deposition is contained in this record on pages 26, 27, 
and part of 28 ? 

Answer. I am the same. 

By same. Has or not said deposition just been read to you, and is 
it or not correct ? 

Answer. It has just been read to me, and it is correct. 

By same. About the time you started off were you or not frequently 
annoyed by persons wanting to know where you were going, and did 
you or not frequently give them careless and varied answers to get 
rid of them ? 

Answer. This was the case ; I was not particular in telling them 
where I was going, and did not care whether I told them the truth 
or not 

By same. While you were gone did you or not write to your 
brother that you were coming home against the August election in 
1858 ; where is said letter ? 

Answer. I did write to my brother that I was coming home to the 
August election, 1858; I have looked for the letter recently and can¬ 
not find it. 

By same. Did you or not go to Nashville and come home with John 
H. Goddard at the time alluded to? 

Answer. I did. 

By same. Since you came home with Goddard have you or not been 
at your home ever since ? 

Answer. I have remained home ever since I returned with God¬ 
dard. 

"By Mr. Chrisman’s agent. You say that you left this county some¬ 
time in March, 1858; now state how many months you remained on 
the boat. 

Answer. I don’t know precisely how long ; I was on the boat the 
greater part of the time I was gone. 

By same. Were you on any boat beside those that run from Nash¬ 
ville up the Cumberland river? 

Answer. I run to Paducah, in this State. 

By same. How long were you sick in Nashville ? 

Answer. I cannot tell how long. 

By same. What was your object in telling Jones and others jest¬ 
ingly that you never expected to return to Kentucky again ? 

Answer. I don’t recollect of telling them so ; but if 1 did, it was be¬ 
cause it was none of their business to inquire into my affairs. 

By same. Did you not conclude, while you were gone, to make your 
home in some other State than Kentucky ? 


KENTUCKY CONTESTED ELECTION. 


G47 


Answer. I did not. 

HENRY FRANKLIN. 

The further taking of depositions is adjourned until to-morrow 
morning at 10 o’clock, this 13th day of February, 1860. 

W. M. BURTON, P. J. T. M. 

Met pursuant to adjournment on the 14th of February, 1860. 

The deposition of John H. Goddard, taken at the same time and 
place, on the 14th of February, 1860, he being first duly sworn: 

Question by Mr. Anderson’s attorney. For whom did you vote in 
the late August election for Congress, and where did you vote ? Where 
did you then reside, and how long had you resided in that place? If 
you have been absent from that State lately, state when, where, and 
your purpose in going. 

Answer. I voted for W. C. Anderson at the Monticello or town pre¬ 
cinct, in Wayne county, and resided in the same for ten years or more. 
As to my absence from said town, I was merely hired as clerk on a 
steamboat which was to run from Nashville and to the port of Mon¬ 
ticello, and other ports too numerous, I suppose for any purpose here, 
to enumerate. My intention was, and is still, to make Monticello my 
home or the county, probably as long as I live. 

By same. Do you know Henry Franklin whose deposition was taken 
in the case on yesterday ? If so, state whether you were with him 
while he was on the river, and did you and he return together. State 
whether or not said Franklin spoke of Wayne county as his home 
while he was on the river. 

Answer. I am well acquainted with Henry Franklin. I happened to 
go to Nashville on the steamer Sligo the same trip that he went to Nash¬ 
ville ; he shipped as deck hand on the same boat on same trip ; the 
boat, I think, continued to make trips to and from the port he shipped 
at, and I think he still continued on it and other boats ; that was in the 
spring of 1858, and the next I saw of him was sometime in the first of 
November; I met him in Nashville much emaciated and pale; he said he 
was and had been sick ; he asked how all were at home, &c. We 
both remained in Nashville until the first rise in the river ; we both 
shipped on the Rock City to Paducah. After remaning there some 
time for repairs, we returned to Nashville ; and in several days after 
we shipped on the “Acacia Cottage” to the port of Monticello and 
other porls. A few (two or three) days after we got home he left the 
boat, and has been at home ever since, or at least has not made any 
other place his residence. From the best of my recollection, in all 
my conversations in relation to his home was, that he considered 
Wayne county and his father’s house as his home. 

By same. Are you acquainted with Terry Sizemore who gave his 
deposition at J. S. Chrisman’s instance in this contest? If so, do you 
know his general moral character ? Is it good or bad? 

Answer. I am acquainted with said Sizemore, but do not know as 
to him giving his deposition in this case. As to his moral charater, I 


648 


KENTUCKY CONTESTED ELECTION. 


do not consider his being of the best by a long way, and has great room 
for repairs. 

By same. Are you or not acquainted with Timothy Blevins ; if so, 
what is his general character? Would you give him full credit on 
oath from your knowledge of his character ? 

Answer. I am acquainted with Timothy Blevins, and I think well as 
to his veracity, and would believe him on oath as soon as Jim 
Buchanan. His character generally is good, and have never heard it 
impeached. 

By Chrisman’s agent. From your knowledge of the general char¬ 
acter of said Sizemore, would you or not believe him on oath ? 

Answer. If he was drunk, I think it d—d uncertain; and if sober, 
he might swear the truth. 

By same. Are you or not acquainted with the general character of 
William Dobbs who gave his deposition in this matter of contest a 
few days since ; if so, is it good or bad? 

Answer. As to Mr. Dobbs’s, character I know nothing against it; 
though I have heard rumors against him without knowing the cor¬ 
rectness or incorrectness of them. 

By same. Have you not heard many persons say that they believed 
he was a counterfeiter ? 

Answer. I may have heard some persons say that they believed that 
he was, but don’t recollect as to how many or whom ; I have heard 
that he was caught in a scrape of that sort from some persons, but 
know not how many or whom. 

By Mr. Anderson’s attorney. Can you say that such rumors 
amounted to general character ? 

Answer. No. 

By same. Would you or not give him credit on oath ? 

Answer. From all that I ever saw of him, I would. 

By Mr. Chrisman’s agent. Can you say that the rumor did not 
amount to general character ? 

Answer. As to general character, my notion is, that it takes several 
items to make up one ; and although one item might make a part of 
a general character, I cannot say that one item would make a general 
character. 

J. H. GODDARD. 

Adjourned until to-morrow morning, this 14th day of February. 
1860. : 

W. M. BURTON, P. J. P. M. 


Met pursuant to adjournment on the 15th day of February, 1860. 

The deposition of L. R. Jones, taken at the same place on the 15th 
of February, 1860, in same case, he having been first duly sworn : 

Question by Mr. Anderson’s attorney. Please state what you heard 
John Crutchfield, father of Sebron Crutchfield, say in reference to the 
residence, &c., of said Sebron Crutchfield in the year 1857 or 1858 
Answer. Sometime in the fall of 1857 or 1858, (1 don’t now recol- 


KENTUCKY CONTESTED ELECTION. 


649 


lect which,) John Crutchfield, father of said Sehron, came to my tan- 
yard, in this county, and while there Crutchfield and myself got into 
a conversation about his son Sebron. He told me that Sebron was 
living in Iowa with one of his uncles ; he said Sebron was either sell¬ 
ing goods for his uncle or in partnership with him, I don’t recollect 
which. He said, during the conversation, that Sebron had gone to 
buy goods when he last heard from him ; don’t remember whether he 
said he was buying in Iowa City or Philadelphia ; my impression is he 
said Philadelphia. I remember the conversation about the matter 
more distinctly than I should probably have done, on account of the 
fact that I was surprised that Sebron should do so well as his father 
represented of him. 

By same. Are you not pretty well acquainted with said John 
Crutchfield’s general character ; if so, what is it? 

Answer. I am acquainted with the character he bears in the upper 
end of this county, where he lives ; his general character there is not 
very good. Crutchfield has lived in the upper end for ten or fifteen 
years or thereabouts. I have lived above Monticello since boyhood, 
say twenty years ; I am now thirty-three years old and upwards. 

By same. From your knowledge of his general character, is he 
entitled to full credence on oath ? 

Answer. I would say not. I would not believe him where he had 
the least spark of interest at stake. 

By same. Do you know Ezekiel Cecil, and are you acquainted with 
his general character ; is it good or bad ? 

Answer. I know him very well ; he lived in my neighborhood five 
years ; I know his general character in that neighborhood ; he sus¬ 
tains a very good character as an honest man ; his general character 
is good ; he is a poor man ; I would believe him on oath as quick as 
any man. 

By Mr. Chrisman’s agent. Are you acquainted with the general 
character of William Dobbs ; if so, state whether it is good or bad ? 

Answer. I know nothing of his character. 

By same. Do you know of any B. Vaughn living in the town dis¬ 
trict in this county ? 

Answer. I know a George Vaughn who lives as above mentioned. 

By Anderson’s attorney. From the appearance of said Vaughn, how 
old would you have taken him to be at last August? 

Answer. He looked like he was about eighteen years of age. 

By Chrisman. Had you heard said Vaughn say anything in rela¬ 
tion to his age before the last August election ? 

Answer. I think I saw him vote last August two years, and told 
him then that he was not old enough ; he replied that he was. 

[William C. Anderson excepts to the reading of the last answer 
above, upon the ground that it is incompetent, proving the statement 
of a voter Dot sworn, and in his own favor.] 

And further saith not. 

L. R. JONES. 


H. Mis. Doc. 11-42 


650 


KENTUCKY CONTESTED ELECTION. 


The further taking of depositions is adjourned until to-morrow 
morning, this 15th February, 1860. 

W. M. BURTON, P. J. T. M. 

Met pursuant to adjournment on 16th February, 1860. 

The deposition of J. T. Wilhite, taken at the same place, and on 
the 16th February, 1860, he having been first sworn. 

By Anderson’s attorney. Are you acquainted with Terry Sizemore; 
if so, do you know his general moral character ; is it good or bad ? 

Answer. I know said Terry Sizemore ; I know his general moral 
character ; it is bad. 

By Chrisman’s agent. From your knowledge of his general charac¬ 
ter, is he or not entitled to credit on oath, especially when not in¬ 
terested ? 

Answer. I can’t say that I would believe him on oath from my 
knowledge of his general character. 

By same. Have you ever heard him testify on oath ? 

Answer. I don’t recollect that I ever did. 

By same. Have you ever heard any one say that he was not entitled 
to credit on oath ? 

Answer. No ; I don’t know that I ever heard anybody say so. 

By same. You say that his moral character is bad ; have you ever 
heard anything said against it except that he would get drunk? 

Answer. Nothing ; he is generally considered a naturally worthless 
man. 

By same. Are you acquainted with the general moral character of 
Bartley Lawson ; if so, is it good or bad ? 

Answer. I am acquainted with his general moral character, and it 
is not very good. 

By same. From your knowledge of the general moral character of 
Terry Sizemore and Bartley Lawson, which is entitled to preference 
on oath ? 

Answer. From my knowledge of their general moral character, I 
must say that I would not believe either one of them if interested. 

By same. Are you acquainted with the general moral character of 
William Dobbs, who gave his deposition in this matter of contest a 
few days since; if so, is it good or bad? 

Answer. I can’t say that I am particularly acquainted with his 
general character. 

By same. Is it not generally believed through the country that he 
is a counterfeiter ? 

Answer. I can’t say that it is generally believed. 

By same. For whom did you vote in the race for Congress at the late 
election ? 

Answer. I voted for William C. Anderson. 

By same. Were you not a warm and active friend of Mr. Anderson, 
and did you not do all you could to secure his election ? 

Answer. I was his warm political friend, and did do all I could to 
secure his election honorably. 


J. T. WILHITE. 


KENTUCKY CONTESTED ELECTION. 651 

The further taking depositions is adjourned until to-morrow morn¬ 
ing, this 16th February, 1860. 

W. M. BURTON, P. J. T. if. 

State of Kentucky, Wayne County , set: 

I, William M. Burton, police judge of the town of Monticello, in 
Wayne county, and State aforesaid, (the police court of said town being 
a court of record, of which court I am the sole judge, as aforesaid,) do 
certify that the foregoing depositions of Lewis Davenport, Reuben S. 
Demy, William McGee, and his wife, Margaret H. McGee, Winniford 
Kelly, William 0. Hoy, Henry Franklin, Joseph B. Newell, Richard 
Cooper, Thomas Sowders, William Dobbs, Jesse Wright, J. G. Dan- 
dron, B. E. Roberts, Nathaniel Hill, R. M. Tate, T. C. Brown, J. H. 
Goddard, L. R. Jones, and J. T. Wilhite, and others, were taken at 
the place and for the purposes in the caption mentioned, and on the 
8th, 9th, 10th, 11th, 13th, 14th, 15th, and 16th days of February, 1860; 
said witnesses having been first duly sworn by me, their statements 
reduced to writing in my presence, and in the presence of the witnesses 
respectively, and read to them, and their depositions severally attested 
by the witnesses in my presence, the agents and attorneys of W. C. 
Anderson and James S. Chrisman being present during the whole of 
the examination of witnesses. I further certify that none of the depo¬ 
sitions have in any manner been altered or erased since taken. 

Given under my hand this 17th day of February, 1860. 

W. M. BURTON, P. J. T. M. 

Costs of taking proof. 


Judge’s costs ------- $17 00 

Per diem and mileage of witnesses - - - 21 00 

Sheriff -.3 20 


41 20 


Attest: WILLIAM M. BURTON, 

P. J. T ; M. 


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